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HomeMy WebLinkAboutContract 41651-ea,,-tr SPECIFlC ATIONS A N~ CONTRACT DOCUMENTS FOR CITY SECRETARY CONTRACT NO . 4J l a5 I - PROJECT NAME Marion Sansom PROJECT NUMBER C282 I 541600 / 807370151880 IN THE CITY OF FORT WORTH TEXAS TPW NO. 6576 MICHAEL J. MONCRIEF MAYOR DALE A. FISSELER P.E. CITY MANAGER RICHARD ZAVALA, DIRECTOR PARKS AND COMMUNITY SERVICES DEPARTMENT PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY CITY OF FORT WORTH 1993 CAPITAL IMPROVEMENT PROGRAM --------i~~AS WELL LEASE FUNDS OF FIC IAL Rt:CO RD 2010 _ -1 CITY 5fC~flARY FT. WORTH , TX A I I M&CReview Page 1 of 2 Official site of the City of Fo rt Worth, Texa s CITY COUNCIL AGENDA FORT WORT H ~ COUNCIL ACTION: Approved on 3/8/2011 DATE: 31812011 REFERENCE NO.: CODE: C TYPE: **C-24776 LOG NAME: CONSENT PUBLIC HEARING: 80MARIONSANSOM PRKG. NO SUBJECT: Authorize Execution of a Construction Contract with C.E . Cook & Sons, Inc. in the Amount of $156,256.25 for Parking Lot Improvements at Marion Sansom Park (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with C.E. Cook & Sons, Inc. in the amount of $156,256.25 for parking lot improvements at Marion Sansom Park. DISCUSSION: The purpose of this M&C is to authorize the award of a construction contract to C.E. Cook & Sons, Inc. in the amount of $156,256.25 for parking lot improvements at Marion Sansom Park. On December 2, 2008 , (M&C L-14683) City Council authorized both the conversion of park land at Marion Sansom Park for the installation of a gas pipeline with a gas valve station and a license agreement with Barnett Gathering, L.P . in the amount of $507,228.50. On December 8, 2009, (M&C G-16786) City Council approved the Parks and Community Services Department's (PACSD) Fiscal Year 2010 Gas Well Project Expenditure Plan which included authorization to appropriate the $507,228.50 gas funds within the Park Gas Lease Projects Fund for improvements at Marion Sansom Park. Of the $507,228 .50 funding , $200,000.00 was earmarked for road and parking improvements with the remaining funds earmarked for shelter restoration within the park. The $200,000.00 will be leveraged with $35 ,597.15 from the 1993 Capital Improvements Program funds appropriated for road improvements at Marion Sansom Park, thus increasing the total project funding amount to $235,597.15. In May 2010 , an Engineering Agreement was administratively executed (City Secretary Contract No. 40251) with CHA, Inc. in the amount of $24,850.00 for the design and development of construction documents for parking improvements at Marion Sansom Park. The project was advertised for bid on December 16 , 2010 and December 23, 2010 in the Fort Worth Star-Telegram. On January 13, 2011, the following bids were received: Bid Tabulation I Bidder I Base Bid Recommended Bid Alts. I Total I I Ziegler Construction, Inc. I $120,305.10 $21,841.69 $142,146 .79 C.E. Cooks & Sons , Inc. $132 ,2-:ie:: cc. $24 ,019.60 $156 ,256.25 Raydon, Inc. .j) 147,123.16 $16,942.70 I $164,065.86 I JRJ Paving L.P. $145 ,602.24 $25 ,661.40 I $171,263.641 I 2L Construction , LLC I $164,968.60 $41 ,686.00 I $206 ,654.60 I I CPS Civil, LLC I $164,689.00 $48,560.00 I $213,249.ool http://apps.cfwnet.org/ council _packet/me _review .asp?ID= 14 7 8 7 &council date= 3/8/2011 3/24/2011 M&C Review Page 2 of2 The low bidder, Ziegler Construction, Inc. was determined to be non-compliant to Item No 3. -Prime Bidder Qualification Requirements of the construction documents. Ziegler Construction, Inc. did not demonstrate sufficient experience necessary to perform the project scope of work. The second low bidder, C.E. Cook & Sons, Inc. met qualification requirements and is recommended for award of contract approval with the total bid amount of $156 ,256.25. The Base Bid work is to include site preparation and demolition, asphalt paving, concrete, grading and striping. Bid Alternate work will include installation of concrete curb & gutter in lieu of concrete ribbon and post & cable fencing, erosion control and boulder placement. Base Bid Items recommended for approval are items 1-12, 14-16, 18-25 deleting items 13 and 17, for a Base Bid total of $132,236 .65 . Bid Alternate Units 2 and 3 are recommended for approval totaling $24,019.60. It is recommended that the Base Bid amount of $132,236.65 and the Bid Alternate amount of $24,019.60 together totaling $156,256.25, as submitted by C.E. Cook & Sons, Inc., be approved for award of contract. The contract period is 45 working days. Associated construction administration, inspection , testing and change order contingency funding totals $15,500.00. M/WBE - C .E. Cook & Sons, Inc. is in compliance with the City's M/WBE Ordinance -by committing to 15 percent M/WBE participation on the PACSD base bid price. The City's M/WBE goal on this base bid contract is 13 percent. There will be no impact on the annual operating budget with this project. Construction is anticipated to commence in April 2011 and be completed in July 2011. Marion Sansom Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of the Street Improvements Funds -93 and Parks Gas Lease Project Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers 1)C111 541600 080111037148 $35 ,597 .15 1) C282 541600 807370151880 $120,659.10 Susan Alanis (8180) Richard Zavala (5704) Scott Penn (5750) http ://apps.cfwnet.org/council_packet/mc _review .asp?ID= 14 787&councildate=3/8/2011 3/24/2011 PROJECT NAME Marion Sansom SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PROJECT NUMBER C282 I 541600 / 807370151880 IN THE CITY OF FORT WORTH TEXAS TPW NO. 6576 MICHAEL J. MONCRIEF MAYOR DALE A. FISSELER P.E. CITY MANAGER RICHARD ZAVALA, DIRECTOR PARKS AND COMMUNITY SERVICES DEPARTMENT PARKS AND COMMUNITY SERVICES DEPARTMENT PLANNING AND RESOURCE MANAGEMENT DIVISION FUNDING OF PROJECT BY CITY OF FORT WORTH 1993 CAPITAL IMPROVEMENT PROGRAM GAS WELL LEASE FUNDS 2010 ADDENDUM #2 Marion Sansom Parking Lot Improvements January 5, 2011 TO ALL B IDDERS : Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. SPECIFICATIONS REFER TO CITY OF FORT WORTH PREVAILING WAGE RATES . 1. Contractor to replace 2008 Prevailing Wage Rates in specifications with the attached 2009 Prevailing Wage Rates and Compliance sheets . END OF ADDENDUM #2 Bid Opening Date : January 13, 2011 Acknowled e the receipt of this Addendum on your Proposal. By : cott E . Penn , Senior Landscape Arc I ec Release Date : January 5, 2011 CITY OF FORT WORTH 2009 PREVAILING WAGE RATES AC Mechanic $25 .92 $1.01 $0 .19 $0.83 $27 .91 AC Mec hanic Helper $15.81 $0.00 $0 .00 $0.30 $16.77 Acoustical Ceil i ng Mechanic $15 .56 $0 .57 $0.03 $0.12 $16.26 Acoustical Ceil i ng Helper $12 .27 $0.19 $0 .00 $0.00 $12.46 Abestos Wo rker $0 .00 $0.00 $0.00 $0 .00 $0.00 Bricklayer /Stone Ma son $18 .54 $0 .24 $0 .00 $0 .00 $18.78 Bricklayer /Stone Mason Helper $10.39 $0 .00 $0.00 $0 .00 $10.39 Carpe nter $17 .08 $1 .62 $0 .17 $0 .81 $19.69 Carpenter Helper $13.45 $0 .75 $0.08 $0 . 71 $14 .99 Concrete Fini sher $13. 97 $0.41 $0.04 $0 .14 $14 .55 Concrete Finisher Helper $12.14 $0 .43 $0 .04 $0 .11 $12 .72 Concrete Form Builder $14.03 $0.67 $0 .03 $0.15 $14.88 Concrete Fo r m Builder Helper $11 .72 $0 .54 $0.03 $0 .10 $12 . 39 Drywall Mechanic $16 .10 $0.56 $0 .02 $0 .30 $16.98 Drywall Helper $12 .43 $0 .33 $0.00 $0 .28 $13 .05 Drywall Taper $15 .00 $0 .07 $0 .00 $0.00 $15 .07 Drywall Taper Helper $11 .50 $0.07 $0 .00 $0 .00 $11 .57 El ectrician (Journ ey man ) $21 .77 $1.08 $0 .05 $0 .38 $23.29 El ectrici an Helper $15.32 $1 .09 $0 .05 $0 .27 $16 .73 Electron ic Te chnician $20.00 $0 .00 $0.00 $0.00 $20 .00 El ectron ic Te chn ic i an Helper $0.00 $0 .00 $0.00 $0 .00 $0 .00 Fl oor La yer (Carpet) $0.00 $0.00 $0 .00 $0 .00 $0 .00 Floor La yer [Resil ient) $18 .00 $0 .00 $0 .00 $0 .00 $18 .00 Floor Laye r Hel per $10.00 $0 .00 $0 .00 $0 .00 $1 0.00 Gla zier $18 .53 $1 .9 2 $0 .38 $0.7 1 $2 1.54 Glazier Helper $13.49 $1.20 $0 .1 $0.35 $15 .13 Insulator $16. 59 S0.29 $0 .12 so .o $17 .08 Insulator Helper $11.21 S0 .36 $0.11 $0.13 $11.8 1 Laborer Common $10.47 Labo rer Skilled $13.24 La the r $17 .00 so. Lat her Helper $15.00 Metal Buildi ng Assembler $16 .00 $1.56 $0.6 3 $0 .00 $ 18 .19 Meta l Building Assembler Helper $12.00 $1 .56 $0.63 $0.00 $14.19 Painter $12 .57 $0 .69 $0.02 $0 .09 $13. 37 Painter Helper $9.98 $0.61 $0 .02 $0.09 $10. 70 Pipefitter $21.14 $0.90 $0.13 $0.45 $22. 59 Pipefitter Helper $14.92 $0.58 $0.11 $0.23 $15.82 Plasterer $17.24 $0.05 $0.00 $0.00 $17 .30 Plasterer Helper $12.85 $0 .05 $0.12 $0 .43 $12.90 Plumber $20.33 $0.69 $0.12 $0.43 $21 .56 Plumber Helper $14.95 $0.95 $0.11 $0.00 $16.42 Reinforcing Steel Setter $13.01 $0.36 $0.07 $0.23 $13 .67 Reinforcing Steel Setter Helpe r $11.19 $0.25 $0.05 $0.16 $11.64 Roofer $16.78 $1.25 $0 .23 $0 .17 $ 18.43 Roofe r Helper $12 .33 $1 .25 $0 .23 $0.17 $13. 98 Sheet Metal Worker $17 .49 $0 .97 $0.10 $0.51 $19 .06 Sheet Metal Worker Helper $14.16 $1 .40 $0.17 $0.44 $16 .15 Sprinkler System Installer $19.17 $1.68 $0.33 $0.33 $21.52 Sprinkler System Ins taller Helper $14.15 $1.50 $0.00 $0.50 $16.07 Steel Worker Structural $19.28 $1.37 $0.55 $0.12 $21.32 Steel Worker Structural Helper $13. 74 $1.37 $0.39 $0.09 $15 . 59 Concrete Pu mp $18 .50 $0 .00 $0.00 $0 .00 $18.50 Crane, Clamsheel, Backhoe, Derrick , D'Line Shovel $17 .81 $1 .30 $0.12 $0.24 $19.48 Forklift $12 .96 $0.42 $0.04 $0 .08 $13.50 Found ation Drill Operator $22 .50 $0 .00 $0 .00 $0.00 $22. 50 Front End Loade r $13.21 $0 .36 $0.06 $0.17 $13 . 79 Truck Driver $15.21 $0.65 $0 .06 $0 .19 $16.11 Welder $17.81 $0 .92 $0 .12 $0.30 $19 .15 Welder Helper $12 .55 $0 . 75 $0.00 $0 . 33 $13.64 Compliance with and Enforcement of Prevailing Wage Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents . (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258.023. (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023 , Texas Government Code , including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. ( e) Records to be Maintained. The contractor and each subcontractor shall , for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code. (g) Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. ADDE NDUM #1 Parking Improvements at Marion Sansom Park December 29, 2010 TO ALL BIDDERS : Please attach to your specifications . This addendum is hereby made a part of the Contra ct Documents and is issued to modify explain or correct the original drawings and /or project manual. DRAWINGS REFER TO PLAN SHEET 3 -DEMOLITION PLAN 1. Contractor shall dispose of the asphalt millings as directed in Specification Sections 02200 and 02578, rather than compact in place as stated on the plan sheet. 2 . Contractor is responsible for protecting all existing trees on site; however it is the Contractor's choice whether to place tree protection fencing around trees. as shown on the plans , which are located outside of the si lt fencing. 3. See attached exhibit sheets 1 & 2 . REFER T O PLAN SHEET 6 -PAVING PLAN 1. Contractor shall dispose of the asphalt millings as directed in Specification Sections 02200 and 02578, rather than compact in place as stated on the plan sh eet. REFER TO PLAN SHEET 6A -PAVING PLAN -ALT No. 1 1. Con tractor shall dispose of the asphalt millings as directed in Specification Sections 02200 and 02578 , rather than compact in place as stated on the plan sheet. REFER TO PLAN SHEET 8 -EROSION CONTROL PLAN 1. Co ntractor is responsible for protecting all existing trees on site ; however it is the Contractor's cho ice whether to place tree protection fencing around trees, as shown on the plans , which are located outside of the silt fencing . 2 . See attached exhibit sheet 3. SPECIFICATIONS REFE R TO BI D PROPOSAL . 1. T ree protection is ancillary to Unit One Bid Item 2 -Erosion Control Im plementation . 2 . Mi ll i ng and Hau l off of existing asphalt is ancillary to Unit One Bid Item 4 -Site Preparation REFE R TO SECTIONS 02200 and 02578 . 2 . Mi lling and Haul off a re described in these two sections . END OF ADDENDUM #1 Bid Open ing Date : January 13 , 2011 1 the receipt of this Addendum on your Proposal. By: S ott E. Penn , Senior Landscape Arch, ec Release Date : December 29, 2010 ··-· -----· ---------- Cl L'\ 4084 Sandllltl O!lve , Fort Worth , TX 76 137 hllln: (117) 2M-«I06 · -~.com r-Rl!n Regis1ration No . 10938 EXISTING ASPHALT -TOP 2" TO 8£ MILLED AND HAULED OFF (ANCILLARY TO UNIT ONE BID ITEM .4) ADDENDUM #1 PARKING IMPROVEMENTS AT MARION SANSOM PARK FORT WORTH, TEXAS (2) GAS L/1 CONTRACTO SEE SPECl1- REMOV£ J, 605. (UNIT N E PROJECT NO. 217 49 DATE: 12/29/10 REF. SHEET 3 "•').-. ___ _ ----. ·-----E )( 0>/£ ·-- ··--...... _, -----Tf<E [ 72± SF OF GRAVEL IT ON£ BID ITEM 4} ~() "' .)i:;-TH Rr rc;r~Ds CONTRACTOR SHALL PROTECT £X TR££S DURING CONSTRUCTION (TYP} _ (ANCILLARY TO UNIT ON£ 810 ITEM 2) 408<! Ssndehat Orlve , Fort Worth , TX 76137 Main: (&17) 244-8009 , -~a,m T-Rnn R.eQmtion No. 10938 R£MOV£ 2,521± SF OF ASPHALT PAVEMENT (UNIT ONE BID ITEM 4} ADDENDUM #1 PARKING IMPROVEMENTS AT MARION SANSOM PARK FORT WORTH, TEXAS PROJECT NO. 217 49 DATE: 12/29/10 REF. SHEET 3 2 / / r"f:MPORARY 1smucnoN ENTRANCE I '. ; 408' knd"'-1 en.. · Fort Worth , TX 76137 Main . (817) 244~ · WW#.ct-,,nplnloo.am r-Rrm Reomt1on No. 10938 INSTALL ROCK BERM EE ·~ ...... --- ADDENDUM #1 PARKING IMPROVEMENTS AT MARION SANSOM PARK FORT WORTH, TEXAS PROJECT NO. 217 49 DATE: 12/29/10 REF. SHEET 8 3 TABLE OF CONTENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. PROPOSAL 4. CITY OF FORT WORTH M/WBE ENTERPRISE SPECIFICATIONS 5. CITY OF FORT WORTH PREVAILING WAGE RATES 6. WEATHER TABLE 7. VENDOR COMPLIANCE TO STATE LAW 8. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION 9. PROJECT DESIGNATION SIGN 10. TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS 01100 -Summary of Work 01135 -Contract Time 01140 -Alternatives 01150 -Payment To Contractor 01300 -Submittals 01400 -Quality Control 01410 -Testing 01500 -Temporary Facilities and Controls 01640 -Substitutions and Product Options 01700 -Project Closeout 01800 -Contractor's Responsibility for Damage Claims DIVISION 2 -SITE WORK 02200 -Site Preparation 02271 -Rip Rap 02300 -Earthwork 02578 -Bituminous Concrete Pavement 02930 -Seeding DIVISION 3 -CONCRETE 03300 -Cast-in-Place Concrete DIVISION 7 -THERMAL & MOISTURE PROTECTION 07920 -Caulking and Sealants 11. CERTIFICATE OF INSURANCE 12. BIDDER'S STATEMENT OF QUALIFICATIONS 13. PERFORMANCE BOND 14. PAYMENT BOND 15. MAINTENANCE BOND 16. CONTRACT NOTICE TO BIDDERS Sealed Proposals for the following : PROJECT NAME Parking Improvements at Marion Sansom Park PROJECT NO . C282 / 541600 / 807370151880 TPW (DOE NO.) 6576 Addressed to the City of Fort Worth, Purchasing Division , 1000 Throckmorton Street , Fort Worth, Texas 76102-6311 and received at the Purchasing Office until 1 :30 p.m ., Thurs ., January 13, 2011 and then publicly opened and read aloud at 2 :00 p.m . in Council Chambers 2nct floor -N .E. corner of City Hall . Contract documents , including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth 's Purchasing Div ision website at http ://www.fortworthgov .org /purchasing / and clicking on the project link . This link will take you to the advertised project folders on the City 's Buzzsaw site , where the plans and contract documents may be downloaded, viewed and printed by interested contractors and / or suppliers . For access to the plans and construction documents , please fill out the plan holder registration form available at the following City web site : www.fortworthgov .org/purchasing and click the Buzzsaw link . Please contact Scott Penn, RLA, Project Manager, at 817 -392-5750 or at Scott.Penn@fortworthgov .org for assistance . 1. Wage Rates: All Bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and City Ordinance No . 7278, as amended by City Ordinance No . 7 400 (Fort Worth City Code , Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices . 2. Disadvantaged Business Enterprise Participation Goals: In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of disadvantaged busi ness enterprises in City contracts. A copy of the Ordinance can be obtained from the M/WBE Office or from the Office of the City Secretary. The bidder shall submit the DBE UTILIZATION FORM , SUBCONTRACTOR / SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM , GOOD FAITH EFFORT FORM and I or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received no later than 5:00 P .M ., five (5) City bus in ess days after the bid opening date . exclusive of the bid opening date . The bidder (a) shall submit documentation at the reception area of the managing department , Department of Engineering , 2 nd floor, City Hall , and shall obtain a receipt in person . Such receipt shall be evidence that the documentation was received by the City. (b) Electronic submittal of M/WBE documentation will not be accepted . Failure to comply with (a) and (b) shall render the bid non-responsive . The following list is provided to assist bidders in obtaining the services of M/WBE vendors qualified to provide such services/materials for this project . A listing of qualified M/WBE vendors may be obtained at the City of Fort Worth M/WBE office, 3rd floor City Hall . Services/materials for this project are as follows: demolition/site prep clea ring/grubbing grading/earthwork concrete seeding steel rebar asphalt The City's minimum M/WBE goal on this project is __ 1.;..;3'---_ % of the total dollar value of this contract. 3. Prime Bidder Qualification Requirements: The City will evaluate all submitted bids based on criteria and qualifications to determin e award of contract as noted in Item 14 . - Bidder's Statement Of Qualifications -Special Instructions To Bidders , and upon receipt of Bidder's Statement Of Qualifications form included in this construction document. In general : • The Prime Bidder, as general contractor or sub-contractor, must demonstrate similar project scope experience on three (3) projects within the last three (3) years . All subcontractors intended for use on this project shall also demonstrate similar project scope experience necessary to successfully perform on their respective portion of work on this project. • The Prime Bidder must provide a list the surety company (s) wh ich issued bonds for projects listed above . Additionally , the Pri me bidder shall list the surety company intended for use on this project. • The Prime Bidder must submit a current certified financial statement prepared by an independent Cert ified Public Accountant. • The Prime Bidder shall perform work its own organ ization and with the assistance of work crews under its superintendence work of a value not less than fi fty percent (50 %) of the project scope of work as per Section 8 .1 of the standard specifications for Street and Storm Drain Construction for the City of Fort worth . Bidder's Qualifications are to be submitted and received by the Parks and Community Service Department Project Manager no later than 5 :00 P .M., five (5) City business days after the bid opening date , exclusive of the bid open ing date. 4. Bid Addendum: Bidders are responsib le for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form . Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive . All addenda will be made available on-line with the contract documents . Contractors and/or suppliers are requested to register as plan holders on-line (on Buzzsaw site) in order to receive notifications regarding the issuance of addenda. It shall be the bidding contractor's sole responsibility to verify they have received and cons idered addenda prior to submitting a bid . 5. Pre -Bid Conference: An optional pre-bid conference will be held w ith prospective bidders at the Parks and Commun ity Services Department , 4200 South Freeway , Suite 2200 , Fort Worth, Texas 76115-1499 , Conference Room#2 on December 28, 2010 at 9:00 AM. 6. Award of Contract The City reserves the right to reject any or all bids and waive any or all formalities. The City will award one contract with a combination of base bids and /or alte rn ates wh ich is most advantageous to the City . No b id may be wi thdra wn unt il the expirati o n of 70 ca lendar d ays from the day bid s are opened . The award of contract , if made , will be within 70 calendar days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibil ity of the bidder to whom the contract w ill be awarded . RICHARD ZAVALA , DIRECTOR PARKS AND COMMUNITY SERVICES DEPARTMENT By: ott Penn , RLA Project Manager (817) 392 -5750 Scott.Penn@fortworthgov.org Advertisement Dates: Thursday December 16, 201 O Thursday December 23, 2010 DALE A.FISSELER , P.E. CITY MANAGER MARTY HENDRIX CITY SECRETARY SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas . In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law . Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proofrequired herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. 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 Parks and Community Services Department telephone number indicated in the Notice to Bidders. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. (See Item Gin the Proposal.) SP ECIAL INSTRUC TIONS TO BIDDERS -I - 4. PERMITS: The Contractor shall obtain all permits necessary for compliance to the City of Fort Worth Building Code. Fees shall be waived for permit applications. For a listing of anticipated project permits, refer to Div. I -General Requirements: Section O 1100-3. 5. AW ARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest bidder of the Base Bid. The Parks and Community Services Department shall evaluate and recommend to the City Council the best bid based on the combined benefits of total bid price and number of contract days allotted, as specified in the Proposal, and which is considered to be in the best interest of the City. Regardless of the Alternative chosen, 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 in the Construction Documents, liquidated damages shall be charged as outlined in General Provisions, Item 8.6 Failure to Complete Work on Time, found in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas. 6. 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 Maintenance Bond shall be required for all Parks and Community Services Department projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Division 1, Section O 1150 -Item 1.14: Warranty In order for a surety to be acceptable to the City, the surety must meet the requirements of V. A. T. S Insurance Code, art. 7.19-l(c). Satisfactory proof of any such reinsurance SPECIAL INSTRUCTIONS TO BIDDERS -2 - shall be provided to the City as outlined in the Notice To Bidders . 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 7. 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. 8. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 9. WAGE RATES: All bidders will be required to comply with provision 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. Disregard if Federal Wage Rates are applicable to this project. If Federal Wage Rates are applicable to a project, the Contractor shall comply with all items identified in the attached Contractor's Packet. For further information regarding this packet, contact the Intergovernmental Affairs / Grants Management Division, Finance Department at (817) 871-8365 or 871-8387 10 .FINANCIAL STATEMENT: A current certified financial statement shall be provided to the City as outlined in the Notice to Bidders for use by the CITY OF FORT WORTH in determining the successful bidder. This statement is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 11. INSURANCE : Within ten days ofreceipt 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. SPECIAL INSTRUCTIONS TO BIDDERS -3 - 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. D . Each insurance policy shall be endorsed to prov ide 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 prenuum. 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 fmancial strength and solvency. F . Deductible limits, or self-funded retention limits , on each policy must not exceed $10 ,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance , in lieu of traditional insurance , City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must appro ve 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. SPECIAL INSTRUCTIONS TO BIDDERS - 4 - 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. 12 . 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. "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. 13. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The MEB/WBE Utilization Form, Subcontractor I Supplier Utilization Form, Prime Contractor/Waiver Form and the Good Faith Effort Form and or the Joint Venture Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date , exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("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 oflntent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters oflntent or executed SPECIAL INSTRUCTIONS TO BIDDERS -5 - 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 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 ), 0 R 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. SPECIAL INSTRUCTIONS TO BIDDER S - 6 - 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 fact s ( other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal , state or local laws or ordinances relating to false statements ; further , any such misrepresentation ( other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not le ss than three years. 14. PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards , shrubs , trees, etc., shall be preserved or restored, after completion of the work, to a condition equal or better than existed prior to start of work. By Ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-Of-Way and designated alleys . This permit can be obtained by calling the Forestry Office at 871-5705 . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. SPECIAL INSTRUCTIONS TO BIDDERS -7 - 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 . 15. PRODUCT SUBMITTAL AND SUBSTITUTION OPTIONS: -All prospective bidders shall submit Bid Proposals which reflect specified products only. Product subst itution of 'Or Equal' products will be considered only after award of contract is made to the successful Bidder / Prime Contractor. See Div . I -General Requirements -Section 01640. 16. BIDDER'S STATEMENT OF QUALIFICATIONS A. QUALIFICATION OF BIDDERS: Prime Bidder and all sub-contractors to be used by the bidder in the performance of this project shall be required to demonstrate experience necessary to successfully perform the proposed scope of work. The Prime Bidders' specific (1) experience, (2) stability and (3) history of performance on projects of a similar nature and scope will be considered. The BIDDERS STATEMENT OF QUALIFICATIONS shall be provided to the City as outlined in the Notice To Bidders and as noted in the specifications for the purpose of evaluating the Prime bidder / subcontractors qualifications. B. PRIME BIDDER I SUBCONTRACTOR QUALIFICATIONS 1. Demonstrate experience as either general or sub-contractor on a minimum of three (3) projects similar in scope within the last three (3) years. 2. Provide listing of surety company( s) which issued bonds for previous projects identified as demonstrated experience. 3. Provide name of surety company to be used for this project. 4. Provide a current certified financial statement as prepared by an independent Certified Public Accountant. 5. Name and qualifications for the site superintendence of the work. 6. Identify at least 50% of work which is to performed by the Prime Bidder with its own organization and work crews under its superintendence. 7. All sub-contractors intended for use on this project shall also demonstrate similar project scope experience (three similar projects in scope within last three years) necessary to successfully perform their respective portion of work on this project. 8. Submittal of Letters Oflntent for the use of specific subcontractors listed on the Bidders Statement Of Qualification form. The Prime Bidder shall submit such Letters oflntent to the City no later than five (5) working days upon being recognized as the overall qualified bidder by the City. Should the Prime Bidder subsequently desire to substitute a subcontractor, the Prime Bidder shall notify the Project Manager in writing along with Letter Of Intent and experience qualifications for approval prior to commencement of construction. The documentation required herein shall be received by the Project Manager of the Parks and Community Services Department no later than five ( 5) City business days after the bid opening date, exclusive of the bid opening date. SPECIAL INSTRUCTIONS TO BIDDERS - 8 - Recommendation of award of contract shall be contingent upon the Bidder and / or sub-contractors meeting such qualification requirements. Location and responsive ability of the firm will be considered. If your firm anticipates entering into a joint venture with any other firm to conduct all or part of the performance required under the proposed project, that firm should be specified in your response. For each firm included in the joint venture , please provide the information required above. Under the Contract executed for this work the City will require your firm to be completely 100 percent responsible for fulfilling all aspects of the contract bonds. Other firms and employees that may be involved in their joint venture will be treated by the City under the contract as if they were employees or subcontractors of your firm . Other than those firms noted in the contract as a part of the joint venture, no other firms will be allowed to participate in the joint venture without written consent from the City. 17. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. -10:00 a.m. being critical ozone forming periods each day. The Texas Natural Resource Conservation Commission (TNRCC) in coordination with the National Weather Service , will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6 :00 p.m., on a designated Ozone Alert Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 18. 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. SPECIAL INSTRUCTIONS TO BIDDERS - 9 - 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" i1' 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 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 governrnental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of SPE CIAL INSTRUCTIONS TO BIDDERS -JO - 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 (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. SPECIAL INSTRUCTIONS TO BIDDERS -11 - J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. The providing of false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract terminated if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials , or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -12 - ... TO: FOR : Mr. Dale A. Fisseler,P.E. City Manager Fort Worth, Texas PARK IMPROVEMENTS AT: PROPOSAL Marion Sansom Pali< C282 / 541600 / 807370151880 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans , specifications, and the site, understands the amount of wor1< to be done, and hereby proposes to do all the wor1< and furnish all labor, equipment, and materials necessary to fully complete all the wor1< as provided in the plans and specifications, and subject to the inspection and approval of the Par1<s and Community Services Department Director of the City of Fort Worth. The "approximate quantity'' category is for information purposes only. The Contractor shall be paid on the basis of actual installed quantities on non lump sum items. Additionally, the Contractor shall be aware that the Proposal contains both Lump Sum and Unit Price items. If the lowest bid received exceeds the funds budgeted for the project, the City reserves the right to decrease the quantities contained in any line item or to e liminate any specific line items before award of the contract in order to bring the wor1< within budget. By submitting a bid, the bidder acknowledges the City's right to adjust or eliminate line items prior to the award of contract. Further, by submitting a bid, the bidder agrees to honor each line item bid price without recourse to the City in the event line items are adjusted or eliminated. Upon acceptance of this proposal by the City Council , the bidder is bound to execute a contract and furnish , if applicable, Performance, Payment, and Maintenance Bonds approved by the City of Fort Worth for performing and completing the said wor1< within the time stated and for the following sums, to wit: PAY ITEM CPM S BID NUMBER APPROX. QUANTITY DESCRIPTION OF ITEM S WI TH BID PRICE WRITTEN IN WO RDS UNIT ON E -PROJECT WI DE ITEMS (BASE BID} 1. BID-00124 Mobilization / Demobilization 5e.\)e,,..> IV\.ou.S A,v C Dollars & ('.)0 Cents per Erosion Control Implementation (see sheet 8 2 . BID-00100 of 10) ~\.\.r\\r..o'-1.S ~,-.>i) Dollars & l',)U Cents per 3 . BID-00504 Furnish and Install Project Signage :f:.:\JE::. B:1..A"->0 R £"O Dollars & (',,:J,) Cents per Site Preparation (Clear, Grub, Excavation - 4 . BID-00144 1 Remove) ~....:rY '""'t. \->~ ~A~~ ~-W~ \h.w~ Dollars & /VO Cents per Earthwor1< (Construct, shape, & finish) (Per 5 . BID-00793 specification section 02300) tu~ ~-Q... T\N>U.SA ,vf} Dollars & Cents per Unclassified Excavation (Per specification 6 . BID-00101 section 02300) ~'-'-' 1"'.o\.\.SANt) Dollars & l'-IO Cents per PROPOSAL LS $ LS $ LS $ AC $ LS $ LS $ UNI T PRI CE ~ooo.:-'u Y. CXX)' <JI) J;'CO~ 12, '.)lAO~ 9000'1!- tj_OIX)~ TPW NO.: 6576 TOT AL AM OUNT BID d) 1 t""Jm.2-:- $ L\DCD~-o $ SW~ $ I Z/JtoO. ~ 1 9000~0 1 1/(X)O'!l PAY CPMSBID ITEM NUMBER 7 . BID-00543 8 . BID-00147 9 . BID-00445 10. BID-00451 11 . BID-00094 12. 13. BID-00430 14. BID-00423 15. BID-00450 16 . BID-00831 17. BID-00822 APPROX. DESCRIPTION OF ITEMS WITH BID QUANTITY PRICE WRITIEN IN WORDS Imported Fi ll (Per specification section 02300) ~-.,e: ~...i0/2.i?O Dollars & ./VU Cents per 1 Topsoil (Per specification section 02300) ~\ IJflW:MSAA>O ~ ~Ob{) Dollars & 11,241 19 ,120 272 16 1,024 220 6 5.2 111.1 950 /\.)() Cents per Installation of 2" min. Overlay -Replace (See sheets 3 & 6 of 10) QNE Dollars & ~XI':( Cents per Installation of 6" HMAC (See sheet 6 of 1 0) -,-~Q Dollars & ::J:\o.:;;J2 T '( Cents per Insta llation of 2" Crushed Aggregate (See sheet 6 of 10) ~\.ve Dollars & e \,9 "'--t-¥ Cents per Placement on Site of Delivered Boulder, Minimum S ize 36" Diameter (See sheet 4 of 10) (Boulders Supplied & Delivered by Others) 5(:,~,v..n-~ b.,e Dollars & I'-'() Cents per Installation of 1' Wide X 6" Th ic k Concrete Ribbon (See sheet 6 of 1 O) 5~!,J~ Dollars & /\./(tve Cents per Installation of Concrete Curb & G utter -6" w/ 12" Gutter (See sheet 6 of 10) °F:rt'TEEN Dollars & Cents per -5-o f7y Installation of 6" Th ick, Reinforced Concrete Pavement (Non Green Cement) (See sheet 6 of 10) --r'v..r.e""T:J_ ~u., Dollars & J\J..) Cents per Installation of 5" Thick, Reinforced Concrete Pavement (See sheet 6 of 10) ~n Dollars & C,.,J() Cents per Installation of Fence -Post & Cable (See detail 5 on sheet 7 of 10) ~I.NO ~ \,) 'I..NT1 ~ ~ PROPOSAL 2 Dollars & Cents per UNIT TOTAL PRICE AMOUNT BID 500 -g)2 (10 LS $ 1 500 :-- LS $ lZ.,lDCO~ 1 l Z-1 1.Doo~ SF $ I. lD_E $ I'?, 9 85, ~ 2.30 £/3, 'J?/p, ~ SF $ $ SY $ \ 'Z... 80 $ 34 ~,. u,C> '15 _~ oO EA $ $ IZCO-:-- LF $ r-,. ~ $ ') 'ZlDC . \\o LF $ \5. L\O ~o $ ..3 '3 CJ8 .- 3'-\. Ob Z:Zl(D. Cji>O SY $ $ SY $ 30~ $ 3:333. 29 LF $ z. ~ $ 2~03 , c0 PAY CPMS BID APPROX. DESCRIPTION OF ITE MS WITH BID UNIT T OTAL ITEM NUMBER QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID Installatio n of Pipe Gate (Con sists of 2 sides) 18. (See detail 9 on sheet 7 of 1 O) fou.r-f« N l-\v.,-iaA.e:Q -re.µ Dollars & \Y\O~ \L\\O~o #'11 Cents per EA $ $ Installation of Bollard (See deta il 1 o on sheet 19 . 2 7 of 10) ---r~ 1/:M_~EE"() F:rJ:::-r-t. Dollars & ,;2 5"/).99 oo ,,vC) Cents per EA $ $ 500.- Installation of Lockable Laydown Bollard (See 20 . sheet 4 and detail 12 on sheet 7 of 10) ~~~1.h.wMEO h-P't-:t Dollars & f"\ so .~ r-,S O.~ /U) Ce nts per EA $ $ Insta llation of Sig n -HC Accessible Symbol Per A DA Specs w/ Bolla rd (See detail 20 on 21 . 2 sheet 7 of 10) ~~'-~w.il:./2.S'O h~~ l Dolla rs & 350~ oO N() Cents per EA $ $ ( oo-:- Installation of Sign -One W ay (See detail 21 22. o n sheet 7 of 10) O..)..)t ~\,OJtJl.€'0 rn-,-.. t Dollars & \ 50~-o \SO~ ~ Cents per EA $ $ In stallation of Pavement Marki ng -No Parking, HC Symbol Per ADA Specs, Striping 23 . BID-00 177 1,650 (See sheet 4 of 10) Ze.ro Dollars & • 3lo S 9 L\~ :::f\rc:d"T''( fr>C Cents per S F $ $ G ra ss -Seeding -Native -Install (See sheet 24 . BID-00 133 20 ,095 10of 10) z~rt> Dollars & • orr \ l\ OLD. u,S Se \)~ Cents per SF $ $ Grass -Seeding -Lawn -Insta ll (See sheet 10 25 . BID-001 33 3,140 of 10) s.50-0 ~ Dollars & .~5 "\ .- Cents per SF $ -n: . -6,:..; C" Un it One · TOTAL $ Ll/J, O~i ~, - PROPOSAL PAY ITEM CPMS BIO APPROX. NUMBER QUANTITY UNIT TWO -(AL TERNA TE No. 1 l 1. BID-00423 1,024 2 . BID-00094 37 UNIT THREE -(ALTERNATE No. 21 1. 16 DESCRIPTION OF ITEMS WITH BIO PRICE WRITTEN IN WORDS Installation of Concrete Curb & Gutter -6" w/ 12" Gutter (See sheet 6A of 10) in lieu of Pay lte~nd17. ~10 Dollars & N\A r ±'f Cents per Installation of Type "B" Dry Stone Riprap per NCTCOG (See sheet 4 of 10) F~~:y Dollars & __ __.,.....,...__ ______ Cents per Purchase and Placement on Site of Boulders, Minimum Size 36" Diameter (See sheet 4 of 10) in lieu of Pay Item 12 fu\kC-\j\,\Nt:.R-§i) Dollars & !')0 Cents per TOTAL BASE BID (UNIT ONE) TOTAL ALTERNATE BID (UNIT TWO) TOTAL ALTERNATE BID (UNIT THREE) PR OPOSAL LF UNIT PRICE TOTAL AMOUNT BID CY 50~0 \i50~ ~$ ______ ~$-~---- Unit Two -TOT AL $ \ '7, lo l 'l.1.oo EA $ '/__{X)~ $ /p~CO_oo Unit Three -TOTAL $ 1o .,.tro _o-o $ l'/~09~ gJ._ $ /'7, (o\9. ~ $ lo l/OD, 92 PAY ITEM A. B . C . D. E . F. G . CPMS BID APPROX. NUMBER QUANTITY DESCRIPTION OF ITEMS WITH BID PRICE WRITIEN IN WORDS UNIT PRICE TOTAL AMOUNT BID This contract issued by an organization that qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of the contract by issuing to his supplier an exemption certificate in lieu of the tax , said exemption certificate complying with State Comptroller's ruling tax, said exemption certificate complying with State Comptroller's ruling #95-0 .07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95.09 as amended to be effective October 2 , 1968. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of C ity Ordinance 7278, as amended by City ordinance 7 400 (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 Forty-Five ill}. Working Days after the date for commencing work as set forth in the Notice to Proceed to be issued by the Owner . Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver applicable Surety Bonds for the faithful performance of this contract. The attached deposit check in the sum of $:c.D "3c, 10 D Dollars($ ______ __, is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and applicable bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. In case of ambiguity or lack of clearness in stating prices in the Proposal , the City reserves the right to adopt the most advantageous price for construction thereof to the City or to reject the proposal. Receipt is her~ged of th~enda: No.1 ~No.2 ~ No.3 ____ No.4 Respectfully submitted, '"'J-.NL . (Company Name) By(M~ Date: Address: Telephone: 1-Jz.zoJ I ~o\Le,x eJ.9i 59\ 4:-C\ \.\ o 8 PROPOSAL 5 FORT WORTH City of Fort Worth ATTACHMENT 1A Page 1 of4 ~ )1 -1:.-, p 7 · Subcontractors/Suppliers Utilization JFo rril r c v J PRIME COMPANY NAME: Check applicable block to describe prime C£ COOi< ~SoNS :c.tJc_,, I Mm/DBE lv1I PROJECT NAME: NON-Mm/DBE Parking Improvements at Marion Sansom Park BID DATE ,,.:::lArJ • I 3, .;l O l I City's M/WBE Project Goal: Prime's MIWBE Project Utilization: PROJECT NUMBER /3. O(J % /3.?4 % C282 / 541600 / 807370151880 Identify all subcontractors/suppliers you will use on this project I Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening , exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth . The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson , Collin, Dallas, Denton , Ellis , Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment fro m the prime contractor to a su bcontractor is considered 1st tier, a payment by a subcontractor to its supp lier is considered 2nd tier . ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department df Transportation (TX Don. highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/VVomen Business Enterprise (M/VVBE). 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 will only receive credit for the fees and commissions earned by the M/WBE as outl ined in the lease aQreement. Rev. 5/30/03 FORT WORTH ---..,...---J 1 -: , o I • I ATTACHMENT 1A Page 2 of4 Primes are requ ired to identify ALL subcontractors/suppl iers, regardless of status; i.e ., Minority , Women and non-M/WBEs. Please list MNVBE firms first, use add itional sheets if necessary. Certification N {check one) 0 SUBCONTRACTOR/SUPPLIER T n N T Detail Detail Company Name I 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 C,LEE:BU.RN£ Ut1LrtyCoost._1;i "' Co,vej.£.t£ c.uR.S I '1 iq toutvl y'Kd '4 ite l1 I ~nJ PAvEm1:.wr ~ 11is;6/ qb CL£6llRt.JEI IX '7&iD3 I pf, (j17) ~SB-IS"t/0 \ ~o.,( (s n) ss B -"'? o3 StoR r>1 W ,q-re:R frJ_9P1t.£1Jc., l1 I £1?,D5IO/'J C.oN1'RDL PO Box /lo4Dlo O.t'\& Sii£t;'JJ(NGJ F="i WoRilf ,I)<. 7/ql~'J.. 13171, ~ ph(S17) q7s-q:;07 ~a)I. (~) :n8-J 58Co Zf°fJ: (YlANU~ACflARIN~ l1 P,p~ l;sJc;:~ Po 8ox 54q ./ fY11tD1 LL,, Of< ?3'14~-1iotl ph (.s-80) ?'IS-?3?? .p~)( (S-80) 7q5-7 /'11 ::DE.Lift 1,~b/N~ ,..fooL.Ji.J. C..,A8LJ; irJ/J7f!-114~ w. /.iuRs-r BLvJJ. l1 J 1-f U~5 T; IX 7ls>0~3 pn (gl 'i) s-qo-S3fo/p LftN~ C ON57"R1J.C17DN ~SPHflLt PD6oX SOO 1 I J3~ f&ty! ]~{'Joke, 7X 7fD;J.b;... ph ( B1?) 4 3D-055 J.. fo.)( (q4D) ti;t./8-;;l.J.03 4/Yl~IC/tf,l BPtR~lt./mG Co,-:1.k l1. sr,r,1s Qn& -107 £:.. E./JotJ Av£ I B AP.RI C/t1JGS -ff Io q'-1!2 Eve~tv1At.f 1 7x 7ri,140 ph (BIVJ/(3 -'80~S ~}((g>/?)~13 -905:3 Rev. 5/30/0 3 FORT WORTH ~ ATIACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list MM/BE firms first , use additional sheets if necessary. Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER T n N T Detail Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D "' Telephone/Fax r B B R 0 B E E C T E A TRt.\e Gttrf ""R~1>1-m ,x J C.of\J c.R£ -,& #L/Jot/2 C.oNC~Jt-(~ 2 1i1so Bus.Uw~ :l.'6? t.J. (-l t,J oR,H I ri. la I '11 pn t.81'1) 'f?>'1-sq1q ~~x (,j1'7)L/3q-.3;271 - FORT WORTH Rev. 5/30/03 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ ATIACHMENT 1A Page 4 of4 \q, 5JS, ~ 5 3, '-{oi, /.3 - TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ /)I q3~, ~ The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and ma y res ult in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If t he detai l explanation is not submitted , it will affect the final compliance determination. By affixing a signature to this form , the Offeror further agrees to provide , di rectly to the City upon request , complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid . The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners , principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Printed Signature ' -YRE5 t'J)i3". N 1 Title Contact Name/Title (if different) ph (&J?)qq i{ qt/ D'B ~t1t-(81?) 74 / <J33L/ Company Name Telephone and/or Fax p o Box 1155 c.e c..ook ao& sons @ vqhoo . Ct> YY\ • Address E-mail Address 01/18/;iotl City/State/Zip 1 Date Rev. 5/30/03 Compliance with and Enforcement of Prevailing Wage Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258 , Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents . This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023 , Texas Go vernment Code , by a contractor or subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023 , Texas Government Code , including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. ( e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pay Estimates. With each partial payment estimate or payroll period , whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (g) Posting of Wage Rates . The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. MONTH JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER ANNUALLY WEATHER TABLE AVERAGE DAYS RAINFALL (1) 7 7 7 9 8 6 5 5 7 6 6 7 80 (1) (2) (3) Average normal number of days rainfall, 0.01" or more. Average normal precipitation. One inch (1 ") or more. * Less than one-half inch ( 1/2 "). INCHES RAINFALL (2) 1.80 2.36 2.54 4.30 4.47 3 .05 1.84 2 .26 3.15 2.68 2.03 1.82 32.30 SNOW/ICE PELLETS (3) 1 * * 0 0 0 0 0 0 0 0 * Unseasonable weather is defined for contract purposes as rain/snow days which exceed the average number of days or inches of rainfall in any given month. This table is based on information recorded at the former Greater Southwest International Airport, Fort Worth, Texas, covering a period of 18 years. Latitude 32° 50' N , Longitude 97° 03' W, elevation (ground) 537 ft. VENDOR COMPLIANCE TO STATE LAW Section 2252.002, Texas Government Code, provides that, in order to be awarded a contract as low bidder, non-resident bidders ( out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements , supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in ______ (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in _(give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate office is in the State of Texas . (2{1 Please Check or mark with an "X" BIDDER: (please print) Signature: ~ (please print) Title: (please print) City I State ToOA..:DM ~)Ca.S Zip 7b Zf.o2.... THIS FORM MUST BE RETURNED WITH YOUR QUOTATION V ENDOR COMPLIANCE TO STATE LAW CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V .T .C.A Labor Code Section 406.096 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Department of Engineering No . 657 and City of Fort Worth Project Number C282/541600/807370151880 STATE OF TEXAS § COUNTY OF TARRANT § C.E. Cook & Sons, Inc. CONTRACTOR By:~U- Title Date BEFORE ME, the undersigned authority, on this day personally appeared ~™ML..d~~~«.t.«M:,r known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the sa me as the act and deed of C.E. Cook & Sons, Inc. the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this jqtay of . 2011. LOIS WALLACE MY COMMISSION EXPIRES Oclober 24, 2011 &~~U- the State of Texas TO THE EMPLOYER/CONTRACTOR: Pursuant to Texas Worker's Compensation Commission Rule 110.110(d)(7), a contractor engaged in a building or construction project for a government entity is required to post a notice on each project site informing all persons providing services on the project that they are required to be covered by workers' compensation insurance. The notice required by this rule does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Commission rules. This notice must: ( 1) be posted in English, Spanish and any other language common to the employer's employee population; (2) be displayed on each project site; (3) state how a person may verify current coverage and report failure to provide coverage; ( 4) be printed with a title in at least 30-point bold type and text in at least 19-point normal type; and (5) contain the exact words as prescribed in Rule 110.110(d)(7) without additional words or changes. The notice on the reverse side meets the above requirements. Failure to post the notice as required by this rule is a violation of the Act and commission rules. The violator may be subject to administrative penalties . REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. COBERTURA REQUERIDA DE COMPENSACION PARA TRABAJADORES La ley requiere que cada persona trabajando en este sitio o proporciona servicios relacionados con este proyecto de constmccion tiene que estar cubierto por aseguranza de compensacion para trabajadores. Esto incluye personas que pro9porcionan, cargan, entregan equipo o materiales o proporcionan mano de obrra, transportan, o cualquier servicio relacionado con este proyecto, sin considerar la identidad del patron o estado del empleado. Llame a la Comision Tejana de Compensacion para Trabajadores al 512- 440-3789 para recibir informacion de los requerimientos legales de cobertura, para verificar si su patron le ha proporcionado la cobertura requerida o para reportar falta del patron en proporcionarle cobertura. 4'-6" SCALE: NTS F1ILE NO. 000 ------------·--····-4' -·········-····-·-·---····-·-···--·-·····--··-···-··----······-···--···---·-- 61" 2 %===FORT WORTH ---1:;( ··~ 1 .. 4 _}-a· a·--l..,.____Project Title _f- 1 .. 3"--l '""~~ LIN E____,,,,t __ 3 .. j: =f c-···~-n-t~~~t~~~r: Name _f ~· 1 .. 4 FONTS: ---------">}-2~" _______ FUNDED BY ___________ ~ ~1" 1993 CAPITAL IMPROVEMENT PROGRAM ----\ 1 .. --C;ij, Gas Lii'aSe ~r~· · Revenue in Actiont =-==-=-· Scheduled CompletionDate ~~ .. _______ Vear _ 2 1" NOTES: r FORT WORTH LOGO IN CHEL TINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH -PMS 288 LONGHORN LOGO -PMS 167 LETTERING • PMS 288 BACKGROUND • WHITE BORDER • BLUE CONTRACTOR SHALL OBTAIN VINYL STICKER "CITY GAS LEASE REVENUE IN ACTION"/ LOGO AT CDR SIGN AND ENGRAVING , 6311 EAST LANCASTER AVE (817-451-4684), PEEL AND PLACE AS SHOWN ABOVE. PROJECT DESIGNATION S I GN CITY OF FORT WORTH , TEXAS PARKS AND COMMUNITY SERVICES DEPT . 4'-6" SCALE: NTS FILE NO. 000 ~-----------4'-------------r 1;;( -···-·--FORT WORTH --,-, .. .JJJIIIJ ... _...... @ 1 4 3·-{ __ Project Title ----:~: 3 • -{ '""~ ~J) LI NE _______ }- 3 .. 1~" ~~===-::;;;;;:------=---Contractor: J 1 .. ~·-t Contractor's Name -i-:l. FUNDED BY ~ --City GaS Lease ~ 1 ,. a1" 4 · Revenue in Actioni ~.__le=_=-_-=--:scheduled CompletlonDafe ~~ .. ,.._~~~~~-Year 2 FONTS: FORT WORTH LOGO IN CHEL TINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH -PMS 288 LONGHORN LOGO-PMS 167 LETTERING -PMS 288 BACKGROUND -WHITE BORDER -BLUE 1" NOTES: CONTRACTOR SHALL OBTAIN VINYL STICKER "CITY GAS LEASE REVENUE IN ACTION " / LOGO AT CDR SIGN AND ENGRAVING, 6311 EAST LANCASTER AVE (817-451-4684), PEEL AND PLACE AS SHOWN ABOVE. PROJECT DESIGNATION SIGN CITY OF FORT WORTH , TEXAS PARKS AND COMMUNITY SERVICES DEPT. TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS SECTION 01100 -SUMMARY OF WORK The Contractor shall supply all superintendence and shall perform all work and furnish all labor, equipment , materials and incidentals necessary and complete all work as described in the plans and specifications. All construction and other work shall be done by the Contractor in accordance with the best engineering and construction practices for the skill or trade involved. The work to be accomplished under these plans and specifications for: PARKING IMPROVEMENTS AT MARION SANSOM PARK These plans and specifications were prepared by CHA, Inc. for the Parks and Community Services Department. The Transportation & Public Works Department will administer the contract and furnish inspection. In addition to project performance stated above , the Contractor shall also be responsible for: 1. Setting all project layout dimensions and final finish grade elevations in accordance to plans. All such survey work shall be performed by a Registered Surveyor in the State of Texas and verification provided to the City that such survey work complies to plans and specifications. 2. Attend all project progress meetings as scheduled by the City and provide updated project schedules within 3 calendar days upon request by the City. 3. Obtaining all necessary permits applicable to this project through the City of Fort Worth Planning and Development Department -Development Division -Plans Exam. Permit fees shall be waived. Any proposed item below noted in a. and is part of the project scope shall require a permit: The Contractor shall be responsible for obtaining permits when either water or electrical service is required for the project and give all notices necessary and incidental to the due and lawful prosecution of the work. 4. The applicable items contained in the Standard Specifications for Street and Storm Drain Construction for the City of Fort Worth, Texas, shall apply to this contract just as though each were incorporated in these documents. Where the provisions or specifications contained in those documents are contrary to this publication, this publication shall govern. In case of conflict between plans and specifications, the plans shall govern. A copy of the Standard Specifications for Street and Storm Drain Construction can be purchased at the office of the Transportation and Public Works Department , 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas. G ENERAL REQUIREMENT S - I - SECTION 01135 -CONTRACT TIME 1.01 PROGRESS AND COMPLETION Upon receipt of a notification letter and the executed construction contract , the Contractor shall be responsible for scheduling a preconstruction conference , which shall be held no later than ten working days from the date of the notification letter. At the time of the preconstruction conference , a construction start date shall be established and indicated in the Notice to Proceed (Work Order) issued by the Engineering Department. The Contractor shall begin the work to be performed under the contract on or before ten working days from the date the Work Order is issued. The Contractor shall carry the work forward expeditiously with adequate forces and shall complete it within the period of time stipulated in the contract. 1.02 LIQUIDATED DAMAGES This project shall be completed within the specified days allowed, to include contract time specified at award of contract plus any additional contract time added through executed Change Orders. If project construction exceeds the allotted contract time , liquidated damages will be assessed on the total amount of contract, to include contract amount increases due to Change Order work, as stipulated in the City of Fort Worth Standard Specification for Street and Storm Drain Construction -Item No. 8.6-Failure to Complete Work On Time: Pg. 27 -28. Amount of Contract $50,000 -$100 ,000 $100,001 -$500,000 $500 ,001 -$1 ,000,000 $1,000,001 -$2,000 ,000 $2 ,000 ,001 -$5 ,000,000 Liquidated Damages Per Day $154 $210 $315 $420 $630 In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days . SECTION 01140-ALTERNATIVES The City reserves the right to abandon, without obligation to the contractor, any part of the project (subject to conditions set forth in Section 01150 -Payment to Contractor) or the entire project at any time before the Contractor begins any construction work authorized by the City. SECTION 01150 -PAYMENT TO CONTRACTOR, PROJECT ACCEPTANCE & WARRANTY 1.01 SCOPE OF PAYMENT : The Contractor shall accept the compensation as provided in the contract in full payment for furnishing and paying for all materials, supplies, GENERAL REQ UIREMENTS -2 - subcontracts , labor, tools and equipment necessary to complete the work of the contract; for any loss or damage which may arise from the nature of the work from the action of the elements , or from any unforeseen difficulty which may be encountered in the prosecution of the work, until the final acceptance of the work by the City; for all risks of every de scription connected with the pro secution of the work ; for all expenses and damages which might accrue to the Contractor by reason of delay in the initiation and prosecution of the work from any cause whatsoever; for any infringement of patent, trademark or copyright , and for completing the work according to the plans and/or specifications. The payment of any current or partial estimate shall in no way affect the obligations of the Contractor to repair or remove , at his own expense , the defective parts of the construction or to replace any defective materials used in the construction, and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. 1.02 Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 1st day and 15th day of each month that the work is in progress. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate , payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. 1.03 It is understood that the partial pay estimate amounts will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of any partial pay estimates shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or a s an acceptance of the work done ; nor shall same release the Contractor of any of it s responsibilities under the Contract Documents. 1. 04 The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. 1.05 Retainage -For contracts of less than $400,000 at the time of execution, retainage shall be 10 percent. For contracts of $400,000 or more at the time of execution, retainage shall be 5 percent. The Contractor will receive full payment for work, less retainage, from the City, on each partial payment period. Payment of the retainage will be included with the final payment after acceptance of the project being complete. GENERAL REQU1REMENT S - 3 - / 1.06 Contractor shall pay subcontractors in accord with the subcontract agreement within five business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished . 1.07 Contractor hereby assigns to City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U .S.C.A. Sec. 1 et ~ (1973). 1.08 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items . When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. 1.09 PAYMENT FOR EXTRA WORK: Extra work performed by the Contractor, that is authorized and approved by the City Engineer, will be paid for under "Change orders" made in the manner hereinafter described , and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor , subcontracts , materials, tools , equipment and incidentals , and for all supervision, insurance , bonds and all other expense of whatever nature incurred in the prosecution of the extra work. Payment for extra work will be made under one of the following types of "Change orders" to be selected by the City: A. Method "A". By unit prices agreed upon in the contract or in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced subject to all other conditions of the contract. B. Method "B". By a lump sum price agreed upon in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced, subject to all other conditions of the contract. C. Method "C". By actual field cost of the work, plus 15 percent as described herein below , agreed upon in writing by the Contractor and City Engineer and approved by the City Council after said extra work is completed, subject to all other conditions of the contract. GENERAL REQUIREM ENTS - 4 - In the event extra work is to be performed and paid for under Method "C", the actual field costs of the work will include the cost of all workmen, foremen, timekeepers , mechanics and laborers working on said project; all u sed on such extra work only, plus all power, fuel , lubricants , water and similar operating expenses ; and a ratable proportion of premiums on performance and payment bonds , public liability, workmen's compensation and all other insurance required by law or ordinance. The City Engineer will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such extra work will be performed by the Contractor as an independent contractor and not as an agent or employee of the City. The 15 percent of the actual field cost to be paid the Contractor shall cover and compensate him for profit , overhead, general supervision and field office expense , and all other elements of cost and expense not embraced within the actual field cost as herein specified. The Contractor shall give the City Engineer access to all accounts , bills , invoices and vouchers relating thereto . 1.10 DELAYS: If delay is caused by specific orders given by the City to stop work , or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 1.11 CLAIMS AND DAMAGES: Any claims for extra work or for any other related matter or cause must be made in writing to the City Engineer within seven calendar days from and after the cause or claim arises. Unless such claim is so presented, it shall be held that the Contractor has waived the claim, and he shall not be entitled to receive pay thereof 1.12 TRANSPORTATION : No allowance or deduction will be made for any charge of freight rates. No allowance for transportation of men, materials or equipment will be allowed . 1.13 ACCEPTANCE AND FINAL PAYMENT: The City, upon receipt of the Director's "Certificate of Completion" and "Final Estimate" and upon receipt of satisfactory evidence from the Contractor that all subcontractors and persons furnishing labor or materials have been paid in full and all claims of damages to property or persons because of the carrying on of this work have been resolved, or the claims dismissed or the issues joined, shall certify the estimate for final payment after previous payments have been deducted and shall notify the Contractor and his surety of the acceptance of the project. Bills Paid Affidavit and Consent Of Surety shall be required prior to final payment becoming due and payable. In the event that the Bills Paid Affidavit and Consent Of Surety have been delivered to the City and there is a dispute regarding (1) final quantities , G ENERAL REQU IREMENT S -5 - or (2) liquidated damages , the City shall make a progress payment in the amount that the City deems due and payable . On projects divided into two or more units , the Contractor may request a final payment on one or more units which have been completed and accepted. On delivery of the final payment, the Contractor shall sign a written acceptance of the final estimate as payment in full for the work done. All prior partial estimates shall be subject to correction in the final estimate and payment. 1.14 WARRANTY : The Contractor shall be responsible for defects in this project due to faulty workmanship or materials , or both, for a period of two (2) years beginning as of the date that the final punch list has been completed and the project accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the Contractor and the City. The contractor will be required to replace, at own expense , any part, or all , of this project which becomes defective due to these causes. SECTION 01300-SCHEDULE SUBMITTALS Prior to construction, the Contractor shall furnish the Parks and Community Services Department a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time for turf establishment (if applicable) and project clean-up. SECTION 01400 -QUALITY CONTROL The Contractor will receive all instructions and approvals from the Director -Transportation & Public Works and/or his assigned inspectors. The inspector will be introduced to the contractor prior to beginning work. Any work done at the direction of any other authority will not be accepted or paid for. Final approval for the finished project shall be given by the Director of Engineering, City of Fort Worth. The Contractor or a competent and reliable superintendent shall oversee the work at all times. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. SECTION 01410 -TESTING All tests made by the testing laboratory selected by the City will be paid for by the City. In the event manufacturing certificates are requested, they shall be paid for by the Contractor. GENERAL REQ UIREMENTS -6 - SECTION 01500 -TEMPORARY FACILITIES AND CONTROLS The Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his own expense all injury and damage to same which may result from work being carried out under this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth; they are shown on the plans as the best information available from the owners of the utilities involved and from evidences found on the ground. The Contractor shall determine the exact location of all existing utilities and conduct his work to prevent interruption of service or damages. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet, shall be placed inside and outside vehicles such as cranes, derricks, power shovel, drilling rigs, pile drivers, hoisting equipment or similar machinery. The warning sign shall read as follows: "WARNING -UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLT AGE LINES." Equipment that may be operated within six feet of high voltage lines shall have an insulating cage-type guard about the boom or arm, except backhoes or dippers, and insulator links on the lift hood connections. When necessary to work within six feet of high voltage electric lines, the Contractor shall notify power company (TU Electric or the appropriate power supplier) to erect temporary mechanical barriers, de-energize the line, or raise or lower the line . The contractor shall maintain a log of all such correspondence. The Contractor is responsible for all costs incurred. SECTION 01640 -PRODUCT SUBMITTAL AND SUBSTITUTION OPTIONS 1.01 GENERAL -The successful Prime Bidder I contractor shall provide product nomenclature data for both specified products and products to be considered as "Or Equal" substitutions. Product substitution of 'Or Equal' products will be considered only after award of contract as noted in item No.15 of Special Instructions To Bidders. For approval of specified products and / or consideration of product substitutions, send submittals to: Scott Penn, RLA, Project Manager (817) 392-5750 Parks and Community Services Department 4200 S. Freeway Suite 2200 Fort Worth, Texas 76115-1499 GENERAL REQUIREMENTS -7 - A. Submittal approval process of specified products and consideration of "Or Equal" products: 1. Product substitutions will be considered only after execution of contract between the successful Bidder / Prime Contractor and the City. Only the successful Bidder / Prime Contractor may submit product submittals of specified and "Or Equal" products for approval and consideration for approval to the Project Manager and shall be required to be submitted at the scheduled Pre- Construction Conference meeting. Submittals for "Or Equal" product substitution not provided at the Pre-Construction Conference meeting will not be considered. 2. Two (2) submittal copies of all specified products provided to the Project Manager shall include the following data: a. Name and address of manufacturer b. Trade name c. Model or catalog designation d. Manufacturer's data 1. Performance and test data 2. Reference standards 3. Two (2) submittal copies of "Or Equal" products provided to the Project Manager for consideration shall include the following data: a . Complete data substantiating compliance of proposed substitution with Contract Documents b. Product identification, including manufacturer's name and address. c . Manufacturer's literature: 1. Product description 2. Performance and test data 3. Reference standards 4. Examples, if requested. d. Name and address of similar projects on which product was used, and date of installation. B. In making request for the use of "Or Equal" product substitution, the successful Bidder / Prime Contractor represents: 1. That the Bidder / Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. 2. That the Prime bidder / Contractor will provide the same guarantee (or better) for substituted product or method specified. 3. That the Prime Bidder/ Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all respects. GENERAL REQUIREMENTS -8 - 4. That the Prime Bidder / Contractor waives all claims for additional costs related to substitution if subsequently accepted by the Project Manager. C. Substitutions will not be considered if: 1. They are indicated or implied on shop drawings or project data submittals without formal request submitted in accord with Paragraph 1.04. 2. Acceptance will require substantial revision of Contract Documents. D. Specified material shall not be ordered by the Contractor until such time product material submittals have been received, reviewed and approval provided by the Project Manager. SECTION 01700 -PROJECT CLOSEOUT 1.01 CLEAN -UP The Contractor shall make final clean-up of the construction area, to the satisfaction of the Parks and Community Services Department, as soon as construction in that area is completed. Clean-up shall include removal of all construction materials, pieces of concrete, equipment and/or other rubbish. No more than five (5) days shall elapse after the completion of construction before the area is cleaned. Surplus materials shall be disposed of by the Contractor, at this own expense, and as directed by the Parks and Community Services Department. Cleaning of equipment by Contractor or Subcontractor, such equipment as cement mixers, ready-mix trucks, tools, etc., shall take place in an area designated by the Parks and Community Services Department. SECTION 01800 -CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, 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) GENERAL REQUIREMENTS -9 - 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, ifhe deems appropriate, refuse to accept bids on any other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. END OF DIVISION GENERAL REQUIREMENTS -IO - SECTION 02200 -SITE PREPARATION PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials , equipment and services required for clearing and grubbing , demolition, and removal and disposal of items as specified herein and on the plans. Included is also the demolition and removal of gravel and asphalt, both rnillings and full depth removal. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02300 -Earthwork B. Existing Conditions , Removal and Demolition Items. PART 2 -PRODUCTS 2.01 No products are required to execute this work, except as the Contractor may deem necessary. PART 3 -EXECUTION 3.01 CLEARING AND GRUBBING A. Clearing and grubbing shall consist of removing all natural and artificial objectionable materials from the project site or from limited areas of construction specified within the site . B. In general , clearing and grubbing shall be performed in advance of grading and earthwork operations and shall be performed over the entire area of earthwork operations. C. Unless otherwise specified on the plans, all trees and shrubs of three inch (3 ") caliper or less (caliper is the diameter as measured twelve inches (12") above the ground) and all scrub growth, such as cactus, yucca, vines , and shrub thickets , shall be cleared. All dead trees , logs, stumps , rubbish of any nature , and other surface debris shall also be cleared. D. Buried material such as logs, stumps, roots of downed trees that are greater than one and one half inches (1-1 /2") in diameter , matted roots, rubbish , and foreign debris shall be grubbed and removed to a minimum depth of twenty four inches (24") below proposed finished grades. E. Ground cover consisting of weeds, grass , and other herbaceous vegetation shall be removed prior to stripping and stockpiling topsoil from areas of earthwork SITE PREPARATION 02200 -I - operations. Such removal shall be accomplished by "blading" off the uppermost layers of sod or root-matted soil for removal. 3.02 PAVEMENT REMOVAL A. Bituminous and concrete pavements shall be removed to neatly sawed edges. Saw cuts shall be full depth. If a saw cut in concrete pavement falls within three feet (3 ') of an existing score joint, construction joint, saw joint, cold joint, expansion joint, or edge, the concrete shall be removed to that joint or edge. All saw cuts shall be parallel and/or perpendicular to the line of existing pavement. If an edge of a cut is damaged subsequent to saw cutting, the concrete shall again be sawed to a neat, straight line for the purpose of removing the damaged area. B. Concrete curb and gutter shall be removed as specified above. No section to be replaced shall be smaller than thirty inches (30") in length or width. 3.03 UTILITIES REMOVAL: In general, those utilities on the site that are to be removed and that belong to the Owner shall be removed by the Contractor. The Owner is responsible for arranging the relocation or removal of other utilities owned by utility companies or other parties. 3.04 MINOR DEMOLITION: There may be certain items on the site such as old building foundations , fences, and other undetermined structures and improvements that must be removed before construction can commence. Unless otherwise specified, such items become the property of the Contractor for subsequent disposal. 3.05 USE OF EXPLOSIVES: The use of explosives will not be permitted in site preparation operations. 3.06 BACKFILLING: All holes, cavities, and depressions in the ground caused by site preparation operations will be backfilled and tamped to normal compaction and will be graded to prevent ponding of water and to promote drainage. Should any excavated hole or cavity be required to be left open over night, the Contractor shall be responsible to provide barriers and / or coverings to enhance on site accident prevention measures. 3.07 DISPOSAL OF WASTE MATERIALS A. Unless otherwise stated, materials generated by clearing, grubbing, removal, and demolition shall be known as "waste" or "spoils" and shall be removed from the site and disposed of by the Contractor. Similar materials may be unearthed or generated by earthwork operations or by subgrade preparation. Unless otherwise specified any merchantable items become the property of the Contractor. END OF SECTION SITE PREPARATION 02200 - 2 - SECTION 02271 -RIP RAP PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials , equipment and services required for the placement of stone fill on embankment slopes and drainage courses. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02300 -Earthwork B. Paving Plan -Alternate No. 1: Refer to plan sheets . PART 2 -PRODUCTS 2.01 MATERIALS A. Stone fill shall conform to the requirements stated on the approved construction plans. B. Bedding shall meet the following gradation requirements: Stone Fill 2" 1" 3/4" 3/8" Percent Passing by Weight 100 20-55 0-15 0-5 C. Geotextile: Mirafi 140N, or approved equal. PART 3 -EXECUTION 3.01 SURFACE PREPARATION A. Clear the surface on which the rip-rap is to be placed of brush, trees, or other objectionable material. B. Shape and compact the underlying material to produce a firm even surface .. 3.02 INSTALLATION A. Geotextile Fabric 1. Place fabric in accordance with manufacturer 's recommendations. RIP RAP 02271 - I - 2. Place fabric loosely upon the slope, so that placement of the overlying materials does not stretch or tear the fabric , and within a minimum 18" overlap of abutting sections . Extend the fabric a minimum of 12" outside of edges of riprap pad. Key in fabric 6" minimum into soil at edges . 3. Where the geotextile is placed above water, begin placement at the toe and proceed up the slope. Where it is placed underwater, place the long dimension parallel to the direction of flow and overlap successive sheets in such a manner that the upstream sheet is placed over the downstream sheet. 4. As the geotextile is placed underwater, place the fill material on it at the required thickness. Do not progress the fabric placement more than fifty (50) feet ahead of the fill placement. B. Bedding 1. Place the bedding material on the geotextile to the full thickness, 6" minimum, in one operation using methods that will not cause segregation of the aggregate. 2 . Prevent contamination of bedding material by natural soils or other materials. Remove bedding materials that become contaminated and replace with uncontaminated bedding material. 3. Do not drop bedding material onto the geotextile from a height exceeding three (3) feet. C. Stone Fill 1. Place the stones so that the dimension approximately equal to the layer thickness is perpendicular to the slope surface such that the weight if the stone is carried by the underlying material, not by the adjacent stones. 2. Place stone fill to minimize void spaces between adjacent stones. 3. On slopes the largest stones shall be placed at the bottom of the slope. 4. Place stone fill to avoid disruption and damage to the bedding material. END OF SECTION RIP RAP 02271 - 2 - SECTION 02300 -EARTHWORK PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor , materials , equipment, and services required to construct, shape , and finish earthwork to the required lines , grades , and cross sections as specified herein and on the plans . 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200 -Site Preparation. B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART 2 -PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited , conditioned, and compacted fill is hereinafter referred to as "earth embankment." B. Rock: Minor quantities ofrock not greater than four inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments , provided such placement of rock is not immediately adjacent to structures or piers. Also, rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. 2.03 TOPSOIL: On-Site Topsoil: Topsoil shall consist of an average depth of six inches (6 ") of native surface soil left in place after the ground cover of herbaceous vegetation and EARTHWORK 02300 - I - other objectionable matter has been cleared by "blading," as specified in Section 02200, "Site Preparation." Topsoil may be greater or less , than the upper six inches (6") in depth. 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that (1) the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or (2) the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Owner. In general, imported material must be equal to or better than native material in quality and engineering characteristics . The Architect/ Engineer may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS: Select materials shall be imported from offsite sources, unless they are available from specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill, or unclassified fill will be declared as "'unsuitable" by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks, cobbles, or boulders 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Architect/Engineer may grant the EARTHWORK 02300 - 2 - Contractor permission to process the material to reduce the moisture content to a usable optimum condition. PART 3 -EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced (deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated , topsoil will be replaced over all areas of earthwork (including slopes), except where pavement is planned. F . Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable EARTHWORK 02300 - 3 - devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane , even in gradient (slope), uniform in surface texture , and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction, topsoil replacement, and final grading, are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200. All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise indicated on the plans, excavation in solid rock shall extend six inches ( 6") below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing , conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. EARTHWORK 023 00 -4- C. Preparation: Prior to placing any embankment , all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots , which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately twenty five (25) tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by appro ved methods before commencing embankment construction. The surface of the ground , including plowed, loosened ground , or surfaces roughened by small washes or otherwise , shall be restored to approximately its original slope by blading or other methods , and, where indicated on the plans or required by the Owner, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. D . Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six ( 6") inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discing, or other approved means. Prior to fill placement, the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4: 1, the Owner may direct the Contractor to key the fill material to the existing slopes by benching. A minimum of two feet (2') normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loo se or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts , ev enly spread, not to exceed eight (8") inches in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction, the moisture content of fill material shall be such that the specified compaction will be obtained, and the fill will be firm , hard, and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers , pneumatic tire rollers , or other mechanical means acceptable to the Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. EARTHWORK 02300 - 5 - I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions . All embankment serves in one capacity or another as subgrade ( e .g., under topsoil, under concrete and asphalt pavement, under structures, etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0 .10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent (90%) of Standard Density ASTM D698 with plus four percent ( 4%) or minus two percent (2 %) percentage points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six ( 6") inches of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent (95 %) to ninety eight percent (98%) of Standard Density ASTM D698 with the moisture content at minus two percent (2%) to plus four percent ( 4%) of optimum moisture content. 3 .06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as sub grade for structures, areas of pavement, or for select embankment. After completion of the embankment, the Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent (2%) below optimum in the top twelve inches (12") of the fill will require that the top twelve inches (12 ") of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the sub grade is rutted, damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02 . END OF SECTION EART HWORK 02300 -6 - SECTION 02578 -BITUMINOUS CONCRETE PAVEMENT PART 1-GENERAL 1.01 SCOPE: Work in this section shall include providing all labor, materials, equipment, and services necessary for, and incidental to, the placement of bituminous concrete pavement, as shown on the Drawings or as specified herein. Bituminous concrete pavement shall be placed in conformance with the lines, grades, thicknesses and typical sections as shown or detailed on the Drawings. All applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" Item No. 275 "Cement Treatment (Road Mixed)" (referenced) shall govern the work. 1.02 RELATED WORK SPECIFIED ELSEWHERE: A. Section 02300 -Earthwork B. Existing Conditions, Removal and Demolition Items. PART 2 -PRODUCTS 2.01 MATERIALS A. Subbase: Compacted subgrade as provided within the Plans. B. Base Course: TxDOT Type "B"; see TxDOT 340. C. Surface Course: TxDOT Type "C"; see TxDOT 340. D. Tack Coat: CSS-lH, SS-lH, or a PG binder with a minimum high-temperature grade of PG 58 for tack coat binder in accordance with TxDOT Item 300,"Asphalts, Oils, and Emulsions." PART 3 -EXECUTION 3.01 GENERAL: A. Bituminous concrete shall not be applied on a wet surface or when weather conditions would prevent proper construction. B. Asphalt Concrete Pavements shall be in accordance with Item 340 of the TxDOT Standard Specifications with the following exceptions: 1. In the event of any conflict or discrepancy between Item 340 and requirements of this manual, the requirements of this manual shall take precedence. BITUMINOUS CONCRETE PAVEMENT 02578 - I - 2. Laboratory and field testing methods shall be in accordance with appropriate ASTM standards as defined elsewhere in this manual , or other appropriate ASTM standards as designated by the Engineer, rather than the TxDOT test methods listed in Item 340, unless approved otherwise in advance in writing by the Engineer. 3. Flexible base and permeable base shall be in accordance with TxDOT Standard Specifications 4. There shall be no acceptance of deficient pavement thickness other than the tolerances specified below. a. Pavement thickness deficiency up to 0.25-inch will be considered as satisfactory and the contract unit price will be used for payment if the STS-035-2 average thickness within the project meets or exceeds the specified designed thickness . b. Deficiencies of greater than 0.25-inch shall be removed and replaced with pavement of plan thickness at contractor's entire expense. 5. Requirements ofltem 340 which are not applicable to a specific pavement project may be waived or modified by the Engineer or by the design engineer with prior written approval of the Engineer. 3.02 PREPARATION: A. The subbase shall be placed and compacted true to line and grade as shown on the Drawings. B. Proof roll prepared subbase surface with a ten (10) ton static steel wheel roller , to check for unstable or otherwise unsuitable areas , as determined by the Engineer. Replace and recompact all unsatisfactory areas , as approved by the Engineer, prior to commencement of paving operations . C. Notify the Engineer forty-eight (48) hours prior to commencing paving. D. Apply prime coat, at a rate of one tenth to thirty-five hundredths (0.1 to 0.35) gallons per square yard, to contact surfaces of previously constructed asphalt or portland cement concrete and surfaces abutting or projecting into the bituminous concrete pavement. E. Apply tack coat, at a rate of two hundredths to eight hundredths (0.02 to 0.08) gallons per square yard, to contact surfaces of previously constructed asphalt or portland cement concrete and surfaces abutting or projecting into the bituminous concrete pavement. 3.03 INSTALLATION: A. Place and compact asphalt pavement courses in accordance with TxDOT Item 340 , unless specified. BIT UM INO U S CONCRETE PAVEM ENT 0257 8 -2 - B. Place inaccessible and small areas by hand, and compact with hot hand tampers or vibrating plate compactors. C. Compaction shall be by means of a static steel wheel roller only, unless otherwise approved by the Engineer, based upon work conditions. D. If during placement of any bituminous concrete course the mixture or surface is deemed unsatisfactory by Engineer, such areas shall be removed and patched at the Contractor's expense. Removal of hardened or set asphalt shall be by saw cutting. E. Tack coat shall be placed between successive courses if more than forty-eight ( 48) hours have elapsed after placing the preceding course. F. The bituminous concrete course shall be rolled/compacted until the finished surface is free from depressions, waves or other defects that would prevent proper drainage. The finished surface shall be uniform in texture and appearance. G. After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. H. Prior to installing tack coat and/or pavement against any ex1stmg surfaces (pavement, curbs, manhole frames, etc.), the existing surfaces shall be cleaned free of dirt or any other substances which would prevent bonding with the new pavement. 3.04 FIELD QUALITY CONTROLS: Refer to TxDOT Item 341. 3.05 MILLING: The equipment for removing the pavement surface shall be a power operated milling machine or other equal or better mechanical means capable of removing, in either one pass or two passes, the necessary pavement thickness in a five-foot minimum width. The equipment shall be self-propelled with sufficient power, traction and stability to maintain accurate depth of cut and slope. The machine shall be equipped with an integral loading and reclaiming means to immediately remove material being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. Adequate back-up equipment (mechanical street sweepers, loaders, water truck, etc.) and personnel will also be provided to keep flying dust to a minimum and to insure that all cuttings are removed from street surface daily. Stockpiling of planed material will not be permitted on the project site unless designated by the Engineer. The machine shall be equipped with means to control dust created by the cutting action and shall have a manual system providing for uniformly varying the depth of cut while the machine is in motion thereby making it possible to cut flush to all inlets, BITUMINOUS CONCRETE PAVEMENT 02578 - 3 - manholes, or other obstructions within the paved area. The speed of the machine shall be variable in order to leave the desired grid pattern specified under Surface Texture. Subsidiary to this pay items, the Contractor shall haul-off all milled material to the City yards. END OF SECTION BITUMINOUS CONCRETE PAVEMENT 02578 -4 - SECTION 02930 -SEEDING PART 1-GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. 2. 3. 4. 5. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS SECTION 02930 -SEEDING - I - A. Planting Season: The season varies according to species (see Part 2 -Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. C. Protect and Maintain Seeded Area s 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL: The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable , viable growth is achieved and the project accepted by the City. PART 2 -PRODUCTS 2.01 MATERIALS A. B. Seed 1. 2. All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding , of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding , each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. 3 . Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. 4 . The seed shall be clean, dry and harvested within one year of planting. 5. Provide Mix as indicated within the plans. Mulch 1. 2. 3. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products (waste products from paper mills or recycled newspaper). Mulch should contain no growth or germination inhibiting factors. SECTION 0293 0 -SEE DIN G -2 - 4. Mulch should contain no more than ten percent ( 10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas -100 pounds of Nitrogen per acre. c. Where applying fertilizer on established seeding areas -150 pounds of Nitrogen per acre. D. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING: Seed, mulch, fertilizer and water may be mixed provided that: A. Mixture is uniformly suspended to form a homogenous slurry. B. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. C. Mixture is applied within thirty (30) minutes after placed in the equipment. PART 3 -EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2 . Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (1 ") deep. SECTION 02930 -SEEDING -3 - 2. If area is sloped greater than 3: 1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half (1/2 ") inch inside "drip line" of trees. C . Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering / irrigation, water truck or by any other method necessary to achieve viable , acceptable stand of turf as noted in 3.04.B. ofthis specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1 /2") per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight ( 48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2 . Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings , scalp existing grasses to one (1 ") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): If mechanically seeding ( drilling) the seed or seed mixture , the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer , may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"-3 /8") utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting , the area shall be rolled with a roller integral to the seed drill , or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3: 1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: SECTION 029 30 -SEEDIN G - 4 - 1. Sandy soils, flat surfaces -minimum 1,500 lbs ./acre. 2. Sandy soils, sloping surfaces -minimum 1,800 lbs ./acre. 3. Clay soils, flat surfaces -minimum 2 ,500 lbs ./acre. 4 . Clay soils , sloping surfaces -minimum 3,000 lbs ./acre . 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist , by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been accepted by the City. 3.04 ESTABLISHMENT , MAINTENANCE AND ACCEPTANCE A. Includes initial seed and / or sod application and establishment , protection, replanting as necessary, maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2 -2.01 -D. for watering requirements to be executed by the contractor. B. Initial full coverage turf establishment shall be considered as 100 % grow in to a height of three (3 ") inches with one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time , as determined by the City. 2. A "stand" shall be defined as: a. Bermuda/Rye grasses: See 3.04 B b. Native grass and wildflowers: eighty percent (80%) co verage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION SECTION 029 30 -SEEDING -5 - SECTION 03300 -CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Curb and Gutter C. Concrete Apron D. Concrete Approach E. Concrete Handicap Ramps F. Concrete Footings 1.02 QUALITY ASSURANCE Reference Specifications: The work under this division of the Specifications shall conform generally to the requirements of Item 314 -"Concrete Pavement", Item 406 - "Concrete for Structures", and Item 410 -"Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction. PART 2 -MATERIALS 2.01 FORMS: Forms shall be of ample strength, adequately braced, joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS: Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A.S.T.M. Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust , scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced 18 inches on center in walks and 12 inches in slabs or as shown on the Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C-150 and shall be Type 1. B. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt , alkali, vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch. Fine aggregate shall consist of sand C. Water: Water used in mixing concrete shall be clean and free from deleterious amounts of acids , alkalies , vegetative matter or organic material. The concrete shall be mixed in an approved batch mixer. The mixing time shall not be less than one minute after all the batch materials are in the mixer. Cement content CAST-IN-PLAC E CONCRETE 03300 -I - shall be not less than five sacks per cubic yard of concrete and shall have a minimum 28 day compressive strength of 3 ,500 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting . Concrete shall not be placed on the job after a period of 1 1/2 hours after the cement has been placed in the mixer. 2 .04 RELATED MATERIAL A. Expansion Joint Filler: Yi'' premoulded expansion joint filler conforming to AASHTO M 33 , AASHTO M 153, Type II and AASHTO M 213. The premoulded expansion joint filler shall be "pre-cut" to match the concrete sidewalk cross-sectioned dimensions as shown on the plans. B. Dowels: Dowels for expansion joints shall as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans . C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M., Designation C-309, Type 2 , white pigmented. D. Caulking and Sealants: See Section 07920 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five sacks of cement per cubic yard . Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate ( dry-loose volume) shall not be more than 85 percent per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute absorption period. No water allowance will be made for evaporation after batching. B. Slump: When gauged by the standard slump test, the settlement of the concrete shall not be less than 3 inches nor more than 5 inches , unless otherwise indicated. C. Quality: The concrete shall be designed for a minimum compressive strength of 3,500 pounds per square inch at the age of twenty-eight days using a 5 sack mix. CAST-IN-PLACE CONCRETE 03300 -2 - D. Control-Submittal: Within a period of not less than ten days prior to the start of concrete operations, the Contractor shall submit to the Engineer a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into the mix and a full description of the source of supply of each material component. The design of the concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the Engineer shall be sufficiently large to permit laboratory batching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the Engineer, there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete may be placed on the job site until the mix design has been approved by the Engineer in writing to the Contractor. PART 3-EXECUTION 3.01 REINFORCING: Metal reinforcing shall be accurately placed in accordance with the Plans and shall be adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve inches. The re-bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately 1/2 inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a 1/2 inch radius. B. Contraction Joints: Contraction joints shall be 1/4 inch wide by 3/4 inch deep, tooled joints placed on six foot centers, unless otherwise indicated. Contraction joints will not be required to be sealed. Sawed joints may be allowed only if specifically approved by the Engineer. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete , generally within twelve to twenty-four hours after placement, and they shall be completed before uncontrolled cracking of the pavement takes place. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the Plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans . Joints may be constructed by use of wood or preformed metal bulkheads set true to the section of the finished concrete and cleaned and oiled. Surplus concrete on the subgrade shall be removed before resuming concreting operations. 3.03 PLACING CONCRETE A. Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened CAST-IN-PLACE CONCRETE 03300 -3 - prior to placement of the concrete. The concrete shall be transported, placed and spread in such a manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher, without approval of Construction Inspector. B. Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars . No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. C. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the comers of the forms. Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull-floated to the grade shown on the Plans before bleed water has an opportunity to collect on the surface . 3 .04 FINISHING: All concrete shall be finished by experienced, qualified concrete finishers. All concrete shall have a neat, rounded edge . Edging and jointing (radius described on Plans) shall be accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce hard surface. The entire surface will then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in Plans. 3.05 CURING : Immediately after the finishing operations, the concrete shall be completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The curing compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed 200 square feet per gallon. A minimum of 72 hours curing time will be required. 3.06 PROTECTION: After concrete is placed, finished and cured as required, permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. END OF SECTION CAST-IN-PLACE CONCRETE 03300 - 4 - SECTION 07920 -CAULKING AND SEALANTS PART I -GENERAL 1.01 DEFINITIONS: A. The term "sealant" or "sealing" shall refer to exterior joints exposed to weather or interior joints exposed to moisture. When "sealant" is used in an outside joint in aluminum or steel frames , "sealant" sha ll be required on the inside joint also. B. The term "caulk" or 'caulking' ( calking) shall refer to interior joints not normally exposed to weather or moisture conditions. 1.02 SUBMITTAL: A. Submit to Owner's representative manufacturer's literature, specification data, and. color chart for all materials proposed for this project. B. Identify their use and location. 1.03 GUARANTEE: The Contractor shall provide the Inspector a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also , the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. PART 2-PRODUCTS 2.01 SEALANTS: As manufactured by Pecora or approved equal. A. Concrete-to-Concrete (Horizontal Joint): NR-201 with primer. B. Masonry-to-Masonry or Concrete-to-Concrete (Vertical): Dynatrol II 2 .02 PRIMERS: Type as manufactured by manufacturer of sealing or caulking material and completely compatible with compound. 2 .03 JOINT BACKING: Rods or tape in sizes and types as recommended by manufacturer of sealing or caulking material, and completely compatible with compound. CAULKING AND SEALANTS 07920 - I - PART 3 -EXECUTION 3.01 GENERAL: A. Work shall be performed by experienced mechanics skilled in execution of type of work required and in application of specified materials. B. Deliver materials to job site in original containers with manufacturer's name and brand clearly marked thereon. C. When perimeter joints around frames that are to be caulked do not have built-in stops or other means to prevent depth of compound from exceeding 1/2 inch, pack joint with back-up materials of correct type and to the depth as necessary to provide minimum 3/8" and maximum 1/2" depth of compound. D. Materials and methods shall be as specified herein, unless they are contrary to approved manufacturer's directions or to approved trade practice ; or unless Contractor believes they will not produce a watertight job which he will guarantee as required. Where any part of these conditions occur, Contractor shall notify Architect in writing . Deviation from procedure specified will be permitted only upon Architect's approval and providing that work is guaranteed by Contractor as specified. E. If, prior to beginning work, Contractor does not notify Architect in writing of any proposed changes, it will be assumed that he agrees that materials and methods specified will produce results desired, and that he will furnish required guarantee. 3.02 PREPARATORY WORK: A. Where weather molds, staff beads , etc., do not form integral part of frames to be caulked, but are removable , remove same prior to caulking , execute caulking, replace molds, etc ., and point. B. Clean all joints, etc., that are to be caulked or sealed, prior to executing work. 3.03 PRIMING: When conditions of joints so require, or when types of materials used adjacent to joints so require , or when compound manufacturer's recommendations so require , clean and prime joints before starting caulking . Execute priming operations in strict accordance with manufacturer's directions. 3.04 JOINT BACKING: Joint backing shall be installed in all joints to receive sealants. Backing shall be sized to require 20 % to 50 % compression upon insertion, and shall be CAULKING AND S EALANTS 07920 -2 - placed so that sealant depth is approximately 1/2 joint width. In joints not of sufficient depth to allow backing , install bond breaking tape at back of joint. 3.05 APPLICATION: Apply sealant and caulking material under pressure to fill joint completely, allowing no air pockets or voids . Tool the joint surface to compress the compound into the joint. 3.06 THRESHOLDS: Place all exterior door thresholds in a fill bed of sealant during setting procedures. 3.07 CLEANING: Clean adjacent surfaces free of caulking and sealant and clean all work of other trades that has in any way been soiled by these operations. Finished work shall be left in a neat and clean condition. END OF SECTION CAULKING AND SEALANTS 07920 -3 - PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OFT ARRANT § ~s~ That we (1) C.E. Cook & Sons. Inc. as Principal herein, and (2)Coouo Pt 1J.oe0,uO«JU ~Pf corporation organized under the laws of the State of (3) Okb.ban:,o... , and who 1s 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: One Hundred Fifty-six Thousand. Two Hundred Fifty-six dollars and 25/100 ........................... .. Dollars ($156,256.25) for the payment of which sum we bind ourselves, our heirs, executors , administrators, successors and assigns, jointly and severally, firmly by these present. WHEREAS , Principal has entered into a certain written contract with the Obligee dated the ~of March. 2011 a copy of which is hereto attached and made a part hereof for all purposes , for the construction of: Park Improvements at Marion Sansom Park 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 8th day of March. 2011. ? (Principal) Secretary (SEAL) Witness as to Principal ATTEST: W>OOoar,...~ NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety , ... ·-;..··· :·-:-:·······-..• C.E. Cook & Sons, Inc. ..._ _ ... ...,....::_ ,, PRINCIP~~ ·' ~>~·:..:. . . -.... ~ -· .. -... -BY· : '"' ' -.. -: • -: '='-:.· : -:" - : ""R "' : :--:. ,, ,;,. ~ ~-: -Title: r €5 / .1J£AJ 1: "";--:::-· .. ~,: .,, -r-' • .-"f P.O. Box 1155 \.~:~~;-.... -~-~---········:_~ Roanoke , TX 76262 ---··- 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 the bond shall not be prior to date of Contract. PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS : COUNTY OF TARRANT § R~ (},~ That we (1) C.E. Cook & Sons, Inc.as Principal herein, and (2) w«JN.141Jnou.\ll/J'.'lU ~~it corporation organized and existing under the laws of the State of (3) OKJo.hQ4'00 , as surety, are held ~wlj bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein, in the amount of One Hundred Fifty-six Thousand, Two Hundred Fifty-six dollars and 25/100 ............................. Dollars ($156,256.25) 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 ~day of March AD. , 2011 , 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: Park Improvements at Marion Sansom Paik 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 8th day of March , 2011. f ATTESlWaJv (Principal) Secretary (SEAL) Witness as to Principal ATTEST: _C_dl _____ oOft:-..~~~~-- secretary ~~~ NOTE: 1. Correct name of Principal (Contractor). 2 . Correct name of Surety. 3. State of incorporation of Surety. P.O. Box 1155 Roanoke, TX 76262 ~/1{()..ll. ~ Yh .. l SURETY By: ~:...L..~~~t:,:...;..,a..::!:::::.~~~~~:-,.- Name: M ,·J,,ge l 1.J J-bvi dtle, k,;o111 Attorney in Fact Address: 87J / l3ed GwJ ful~ hJ ff L/~D !~ lMfS> t: tt I] ho 2-I Telephone Number: 8 / 7 .... :l. 'if-3 t CV 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. 0 XC... loOo 5o ~ MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALLMENBYTHESEPRESENTS: ~rn~S~ That C.E. Cook & Sons, Inc.(Contractor), as principal, and l:oDi ~ Jm.o,, AtJ./1}C.e ('..of11 ~Jration organized under the laws of the State of tfl/obari»,(Surety), do hereby acknowl~ hemselves 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 One Hundred Fifty-six Thousand, Two Hundred Fifty- six dollars and 25/100 ............................. Dollars ($156,256.25) lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that , WHEREAS , said Contractor has entered into a written Contract with the City of Fort Worth, dated the 81h day of March, 2011 copy of which is hereto attached and made a part hereof, the performance of the following described public improvements: Park Improvements at Marion Sansom Park the same being referred to herein and in said contract as the Work and being designated as project C282/541600/807370151880 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 made a part hereof, and, WHEREAS , in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of Two (2) Years after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) 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 Water Department of the City of Fort Worth, 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 the Contractor and Surety damages in the premises prescribed by said Contract. This obligation shall be 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 f..counterparts, each one of which shall be deemed an original, this 8th day of March, A.D. 2011. ATTEST: (SEAL) Secretary ATTEST: (SEAL) Secretary C.E. Cook & Sons, Inc. Contractor ~ By:~ Name: C. ho. fl I e-.s C<20 /<. Title: P g_E s 1 0@1 1b701 &decxc{Eule55KJ ift;s-o (4 vlVS t /'/ 70 5".3 Address -OKC608 507 POWER OF t TTORNEY KNOW ALL MEN BY THESE PRESENTS , that American Safety Casualty Insurance Company has made , constituted and appo inted , and by these oresents doesinake, constitute and aocoints ,.,, . Richard A. Deal, Michael D. Hendrickson, Hurst, TX its true and lawful attorney-in -fact , for it and its name , place, and stead to execute on behalf of the said Company , as surety , bonds , undertak ing and contracts of suretyship to be given to provided that J i.birpd or u~~k1J 1 t'r~tract of~ ~)C.ec~t>o;f;,;~~thon~ shat exceed in amount the sum of *** TWO MILLION*** ($2,000,000 .00) DOLLARS*** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 6tt day of August; 2Q09;ifr · · . < ·:: ' ~=~=f:: ', ' . '<·: ' ,, =:·:~:ur } . ~~~~:;;/f. ·'\ . . :'.": . '-·-f:' ,:e/:. ' ' :,·.·,:,: ' -::,,: ::; wdl )?·· ltl;SOLVED, Presiden t ,i g ¢Pnjunction with,.~ ~tafy o(e ant Secr~ry . ''nt !\t{omeys-in-fact or _ageofs fth ~utliO!ijy as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company , to execute and deliver and affix the seal of the Company to bands , undertakings , recognizances. and suretyship obligations of all kinds ; and said officers may remove any such attorney--in- fact or agent ~If revoke any power of.attorney previously granted to such ~rsons. }(£SOLVED F~ftTHER ,' that any,~. undertaking ,l ecogql~nce. or $\!~$hip obligation shaii ~ .. valid;and binding upon the company ~n: '(i) when signed by the Presiderif or any Vice-President and attested and sealed (if a seal is required) cy any Secretary or Assistanf Secretary or (ii) when signed by the President or any Vice-President or Secretary or Assistant Secretary, and counter-signed and sealed (if a seal is required) by a duly authorized atton,ey.ffl-fad or agentt,or-{iii) when duly ~ecuted and seal~ (if a seal is requ \r89 t llY. one or mo~e attome~Hp-fact or agents pursuant to and within the-li'!',its of the ~orify evidenced by the ~r,of ctttomey ·iss1 by the Company to ~»erson or persons. ''RESOLVED FURTHER , that the signature of any authorized officer and !he seal of the Compa ~; may be affixed by facs imile to any power of attorney or certification thereof authorizing the execution and delivery of any bond , undertaking , recognizance , or other suretysh ip obligations of the Company ; ,,n~,such si nd ~al ~o sed shall hilv for~ s as tho,vgh , a~e89t ' ")t. ' ·• .· Jil ., . . ••. ", ... ~t !i..dli ': ,}' ~ ,,· ,;,;, ,I'\,.~ AmbujJa in - STATE OF ij~ORGIA :i::' COUNTY OF COBB ) ) ) . ~ J ~ 11e:~unto affi dd,'and these ~resents to be 9Q. this 6th da)' · f August, 2009 , .befott me personally ijine J~h o. ScQl!g, Jr., to me known;:,wtio, being bf me duly sworn . did deps,se aij.d say that ne Is the P . t of Amet:ican "SaJety Casualty lnsut.tnce Company , fhe corporation descritleo itt~ which executed the aboV• ihstrq~· that he knows the 1he said corpor;itiql ; that the seal affixed to the s,ld lri~ment is such ~te seal;'that ls was so affix~ by ~r of !he S<)ard or Directors of said corporation and that he signed his name thereto by like order. ~"the undersig~J ~el!f'r~f~q~ Safety 9.~~altY,)nsurance C~hy, an Of!lah ''ah/.! attached POWer of Attorney femaih s in full force and hi f'libt been re voked ; and furtherm in the said Power or Attorney, is now in force . ~ .. oo HEREBY CERTI FY, ~f1the foregq ing !NI Resolution of the Bo"'ard of bf~. set forth ' • Dated this ~ay of . ~ qlO IJ ,,~lG .... ,, li ;$1 -,,':H ~~ ORIGINALS OF THIS POWER OF A TIORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HA VE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL American Safety Casualty Insurance Company 1845 The Exchange Atlanta, GA 30339 Toll Free : 800.388.36117 Tel: 770 .916.1908 Fu: 770 .955.8339 www.ameriuns1fetylns.ur1nce.corn State of Texas Surety Bond Claim Notice In Accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bo n d(s) should be sent to: American Safety Casualty Insurance Company Surety Administrative Office 100 Galleria Parkway, Suite 700 Atlanta, GA 30339 Toll free (800) 388-3647 Fax (770) 955-8339 www .America nSafetyinsu ranee. com The address of the surety company to wh ich any notice of claim should be sent may also be obtained from the Texas Department of Insurance. You can contact the Texas Department of Insurance in person, by writing, by telephone or through their web site. Physical location: 333 Guadalupe, Austin, Texas 78701 Mail letters to: P.O. Box 149104, Austin, Texas 78714-9104 Agency switchboard: 1-800-578-4677 In Austin, 463-6169 TTY: 1-512-322-4238 E-mail: pio@tdi.state.tx.us Web site: www.tdi.state.tx.us STATE OF TEXAS § § COUNTY OFT ARRANT § KNOWN ALL BY THESE PRESENTS: This Contract is made and entered into this the 8th day of March, 2011 , by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter referred to as "Owner", by and through Charles W. Daniels, its duly authorized Assistant City Manager, and C.E. Cook & Sons, Inc., hereinafter referred to as "Contractor", by and through its duly authorized representative. WITNESS ETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Park Improvements at Marion Sansom Park 2. That the Contract Documents shall consist of the written, printed , typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include the notice to bidders, instructions to bidders, proposal, plans, specifications, notice of award, special provisions, general provisions, work order(s), this Contract, and the payment, performance, and maintenance bonds. The Contract Documents shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. 3. 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 Contract Documents prepared through the Parks and Community Services Department of the City of Fort Worth, which the plans and specifications of the Contract Documents are hereto attached and made a part of this Contract the same as if written herein. 4. The Contractor hereby agrees and binds itself to commence the construction of said work within ten (10) days after being notified in writing to do sob gineering of the City of Fort Worth. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 5. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Parks and Community Services Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 45 Working Days from the time commencing said work. If the Contractor should fail to complete the work as set forth in the Plans, Specifications, and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, a per day charge of $210 per Working Day as stipulated in these contract documents, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 6. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the Surety to take over the work and complete same in accordance with the Plans, Specifications, and Contract Documents or to take charge of and cor.:ipletc the work i_n such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the Contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, 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 deemed appropriate, may refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim ffif-6 · ding as a result of work performed under a City Contract. OF FICIAL RECO RD CITY SECRETAR Y FT. WORTH, TX 8. Owner agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the Contractor hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount shall be One Hundred Fifty-six Thousand, Two Hundred Fifty-six dollars and 25/100 ............................. Dollars, ($156,256.25). 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 Contractor without the written consent of the Owner. 10 . The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas , a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this Contract is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the parties hereto have made and executed this Contract in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT ~ RECOMMENDED: chard Zavala, Director Pa ks and Community Services APPROVED AS TO FORM AND LEGALITY: Doug Black Assistant City Attorney CONTRACTOR C.E. Cook & Sons, Inc. P.O. Box 1155 Roanoke TX 76262 CMleJ(c:di:ITLE freJtJ~ ATTEST: City Secretary Approval Date: 3 /8 { 1 I OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX