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HomeMy WebLinkAboutContract 42029fORTWORTH SPECIFICATIONS r-1TYs~~ D.O.E . FILE CONTRACTOR'S ONDING CO. CONSTRUCTION'S COPY L.LIE:NT DFP,\f'TMENT AND CONTRACT DOCUMENTS FOR CITY SECRETARY y r O <;:::p, CONTRACT NO.~ PROJECT NAME QUANAH PARKER PARK PROJECT NUMBER C282/541600/801920152480 IN THE CITY OF FORT WORTH TEXAS DOE NO. 6547 :VIIKE J. MONCRIEF MAYOR TOM HIGGINS INTERIM 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 GAS WELL LEASE FUNDS ZOil ~~ :;He· AL RECORD ! c.rrv SECRETARY Ff. WO RTH, TX M&CReview CITY COUNCIL AGENDA DATE: CODE: COUNCIL ACTION: Approved on 6/14/2011 6/14/2011 REFERENCE NO.: **C-24969 LOG NAME: C TYPE: CONSENT PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTH ·~ 80QUANAH PARKER PARK PH 2 NO SUBJECT: Authorize Execution of a Construction Contract with Raydon, Inc. in the Amount of $117,452.20 for Park Improvements at Quanah Parker Park (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with Raydon , Inc. in the amount of $117,452 .20 for park improvements at Quanah Parker Park . DISCUSSION: The purpose of this M&C is to authorize the award of a construction contract to Raydon, Inc., in the amount of $117,452 .20 for park improvements at Quanah Parker Park. 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 $166,244.00 in gas funds within the Park Gas Lease Projects Fund for improvements at Quanah Parker Park. In June, 2010, an Engineering Agreement was administratively executed (City Secretary Contract No . 40301) with MJ Thomas Engineering, LLC , in the amount of $20,500.00 for the design and c!eve!cpment of construction documents for park improvements at Quanah Parker Park . The project was advertised for bid on February 17, 2011 and February 24 , 2011 in the Fort Worth Star-Telegram . On March 10 , 2011, the following bids were received : Bid Tabulation NuWa Construction Ra don, Inc . 2L Construction, LLC Northstar Construction , Inc. C. Green Sea in , LP Cole Construction, Inc. Ed A. Wilson The low bidder , NuWay Construction, failed to submit M/WBE documentation within five business days of the bid opening date as required by City of Fort Worth Ordinance No . 15530 and was therefore determined to be non-responsive . The second low bidder, Raydon , Inc., submitted M/WBE documentation within the allotted time period and is recommended for award of contract with the total bid amount of $117,452 .20 . The Base Bid work is to include site preparation and demolition , grading, asphalt paving , concrete trail http://apps.cfwnet.org/council_packet/mc _review.asp?ID=l 5111&councildate=6/14/2011 7/1/2011 M&C Review Page 2 of2 and security lighting installation . Associated design and construction administration , inspection , material testing and change order contingency funding totals $28,291 .00 . M/WBE -Raydon , Inc., is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation on the base bid price . The City's M/WBE goal on this base bid contract is 15 percent. There will be no impact on the annual operating budget with this project. Construction is anticipated to commence in July 2011 and be completed in August 2011 . Quanah Parker Park is located in COUNCIL DISTRICT 4 . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the 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) C282 541600 804480152480 $117,452 .20 Susan Alanis (8180) Richard Zavala (5704) Joel McElhany (5745) http://apps.cfwnet.org/ council _packet/me _re vie w .asp ?ID = 15111 &councildate=6/l 4/2011 7/1/2011 ADDENDUM #1 Park Improvements at Quanah Parker Park March 2 , 2011 TO ALL BIDDERS : Please attach to your specificat ions . This addendum is hereby made a part of the Contract Documents and is issued to modify, expla in or correct the original drawings and /or pro j ect manual. Approved Equal The Webcoat 6 ' Perforated Style Bench w ith Back and 'Fort Worth ' logo -In-ground Mount , model# B6WBPERFS . Clar ification 1. Sheet 8 of 11 -Metal Beam Guard Fence : Contractor shall use wood block rectangular wood posts with the Term inal Anchor Post Option 2. The 25 ' terminal end section will be util iz ed on both upstream and downstream ends of the guard rail. The upstream end shall curve to the outs ide of the road. Bid Proposal Revisions 1. Revised incorrect sheet references in the Bid Proposal. 2 . Changed earthwork line item quantity to lump sum . 3. Revised Line Item 3 (BID -00528) to 3 ,000 PSI to match the plans. 4 . Removed Line Items 6 & 7 referencing bollard fencing. 5. Added $5 ,000 un it pr ice to Owner's Discretionary Construction Allowance bid item. 6. Removed Line Item 16 for temporary irrigation . 7. Removed Line Item 17 as it was a duplicate of Line Item 2. 8. Added post type description to Guardrail Line Item (810-00405). 9. Removed Line Item 18 re f erencing imported top soil. 10 . Revised order of Line Items per order of construction . 11 . Rev ised Line Item 11, to show the correct linear footage shown of guardrail as shown in the plans. Specifications Revisions 1. Added Seeding Speci f ication 02930. Construction Plans Revisions By: 1. Deleted general notes 4 , 6, 9 , 16 , 17 , 28 , 31 , and any notes referencing a construct ion entrance. (Sheet 2) 2. Deleted note stating shop draw ings needed to be "signed and sealed by a licensed electrical engineer within the State of Texas ." (Sheet 3) 3. Deleted note stat ing "or un ti l pe rmanent irrigation is functional " -no permanent irrigation to be installed with this project. (Sheet 4) 4 . Identified posts to be used with guardrail. (Sheet 8) 5. Deleted all references to a SWPPP . (Sheet 9 and 10) 6. Deleted all references to a Landscape Plan. (Sheet 10) Release Date : March 2, 2011 ADDENDUM #2 Park Improvements at Quanah Parker Park March 8 , 2011 TO ALL BIDDERS : Please attach to your specifications . This addendum is hereby made a part of the Contract Documents and is issued to modi fy, explain or correct the original drawings and/or project manual. This addendum includes a revised Bid Proposal. Use this Bid Proposal in lieu of the Bid Proposal that was included in the original contract documents. Bid Proposal Revisions 1. Line item 8 : Incorrect quantity listed . Quantity has been changed to 526 SY. 2. Line item 9 : Incorrect quantity listed. Quantity has been changed to 526 SY. END OF ADDENDUM #2 By: Release Date : March 8, 2011 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 SUB MITT ALS 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 A. Planting Season: The season varies according to species (see Part 2 -Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. SECTION 02930 -SEEDING -I - C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2 -PRODUCTS 2 .01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to Jack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs.I Acre 25 75 Common Name Scientific Name Bermuda (unhulled) Cynodon dactylon Bermuda (hulled) Cynodon dactylon 85% 95% Substitute the following if planted between September 10 and April 15: 220 40 Rye Grass Lolium multi.fl.arum 82% Bermuda (unhulled) Cynodon dactylon 84% SECTION 02930 -SEEDING -2 - Germination 90% 90% 80% 85% 2 3 Native grass seed -The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/ Acre 1.6 5 .5 3.7 17.0 1.8 0 .5 6.0 8.0 1.2 1.8 10.0 Common Name Green Sprangletop Sideoats Orama* Little Bluestem* Buffalograss Indian Grass* Sand Lovegrass* Big Bluestem Eastern Orama Blue Orama Switch grass Prairie Wildrye* Botanical Name Leptochloa dubia Bouteloua curtipendula Schizachyrium scoparium Buchloe dactyloides Sorghastrum nutans Eragrostis trichodes Andropogon gerardii · Tripscacum dactyloides Bouteloua gracilis Panicum virgatum Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. Wildflower seed -All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2 .0 Clasping Coneflower* Rudbeckia amplexicaulis 3 .0 Golden -Wave Coreopsis basalts 13.4 Illinois Bundleflower Desmanthus illinoensis 13 .6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2 .0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temporary erosion control seed When specified on the plans, temporary control measures shall be performed . These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section . SECTION 02930 -SEEDING - 3 - B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - I 00 pounds of Nitrogen per acre. c. Where applying fertilizer on established seeding areas -150 pounds of Nitrogen per acre. D. Water: Shall be furnished by the Contractor, at no cost to the Owner, by means of temporary metering I irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B.2. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2") per week should be applied for approximately three weeks or until project is accepted by the City. E. Erosion Control Measures 1. For seeding application in areas up to 3: I slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B . Mulch and 3.03). 2 . For seeding application in areas 3: I slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): 2.02 MIXING "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30) minutes after placed in the equipment. SECTION 02930 -SEEDING - 4 - PART 3 -EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (I") deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half (1/2") inch inside "drip line" of trees. C. 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 (I") 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 (l/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 : 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. SECTION 02930 -SEEDING -5 - 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 MAINTENANCE AND ACCEPTANCE A. Includes protection, replanting, 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. All areas requiring revegetation shall have 100% established stand coverage prior to City acceptance. C. Replanting I. 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: Full coverage per square foot established within two to three (2-3) weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b. Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION SEC TION 02930 -SEEDING -6 - ADDENDUM #2 Park Improvements at Quanah Parker Park March 8, 2011 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify, explain or correct the original drawings and/or project manual. This addendum includes a revised Bid Proposal. Use this Bid Proposal in lieu of the Bid Proposal that was included in the original contract documents. Bid Proposal Revisions 1. Line item 8: Incorrect quantity listed. Quantity has been changed to 526 SY. 2. Line item 9: Incorrect quantity listed. Quantity has been changed to 526 SY. END OF ADDENDUM #2 By: Release Date: March 8, 2011 TO: FOR: PROPOSAL REVISED MARCH 8, 2011 -ISSUED WITH ADDENDUM #2 Mr. Tom Higgins Interim City Manager Fort Worth , Texas PARK IMPROVEMENTS AT : Quanah Parker Park C282/541600/801920152480 TPW NO.: 6547 Pursuant to the forego ing "Notice to Bidders," the undersigned has thoroughly examined the plans , specifications, and the site , understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment , and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspect ion and approval of the Parks and Community Services Department Director of the City of Fort Worth . The "approximate quantity " category is for information purposes only . The Contractor shall be paid on the basis of actual installed quantities on non lump sum items . Additionally , the Contractor sha ll 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 eliminate any specific line items before award of the contract in order to bring the work within budget. By submitting a bid, the bidder acknowledges the City's right to adjust or eliminate line items prior to the award of contract. Further, by submitting a bid, the bidder agrees to honor each line item bid price without recourse to the City in the event line items are adjusted or eliminated . Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish, if applicable, Performance, Payment, and Maintenance Bonds approved by tl)e City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to wit: PAV CPMSBID APPROX. DESCRIPTION OF ITEMS WITH BID UNIT ITEM NUMBER QUANTITY PRICE WRITTEN IN WORDS PRICE BASE BID Installation of project sign (per detail in 1. BID-00504 1 EA specifications.) Dollars & Cents per EA $ Sediment Control per plans and 2. BID-00100 1 LS specifications . See sheets 9-11 . Dollars & Cents per LS $ 3 . BID-00181 1 LS Traffic Contro l Dollars & Cents per LS $ Demolition, removal and disposal of existing improvements as shown on demolition plan . 4. BID-00824 1 LS See sheet 4. Dollars & Cents per LS $ PROPOSAL TOTAL AMOUNT BID $ $ $ $ PAY CPMS BID APPROX. ITEM NUMBER QUANTITY 5. BID-00472 1 LS 6. BID-00134 1 LS 7. BID -00528 9,112 SF 8. BID-00447 526 SY 9. BID-00487 526 SY 10 . BID -00776 11 EA 11 . BID-00405 209 LF 12. BID -00971 3 EA 11. BID 1 LS DESCRIPTION OF ITEMS WITH BID UNIT PRICE WRITTEN IN WORDS PRICE Earthwork, cut and fill to final grades as shown on plans .See sheet 6. Dollars & Cents per LS $ Hydroseeding and temporary water. See sheet 4. Dollars & Cents per LS $ Furn ish and install complete in place 5" th ick 3,000 PSI concrete sidewalk w/ reinforcing . See sheet 5. Dollars & Cents per SF $ Furnish and _i nstall , complete in place 2" thick type "D" TXDOT item 340 . See sheet 5. Dollars & Cents per SY $ Furnish and install, complete in place, 6" thick Recycled Asphalt Pavement Subgrade ( Max 50%, minimum 20% recycled HMAC) 4% cement stabilization (minimum 250 psi.) See sheet 5. Dollars & Cents per SY $ Benches and concrete pads as determined . See sheet 3 and 7. Dollars & Cents per EA $ Guardrail as detailed with round wood posts . See sheet 8. Dollars & Cents per LF $ Solar powered light poles and bases as detailed and spec ified with concrete foundation . See sheet 2 and 7. Dollars & Cents per EA $ Owner's Discretionary Construction Allowance Five Thousand Dollars & zero Cents per LS $5,000 .00 BASE BID TOTAL PROPOSAL 2 TOTAL AMOUNT BID $ $ $ $ $ $ $ $ $ 5,000 .00 $ PAY ITEM A. B. C. D. E. F. G. CPMS BID NUMBER APPROX. QUANTITY DESCRIPTION OF ITEMS WITH BID PRICE WRITTEN 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 City Ordinance 7278, as amended by City ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibit ing discrimination in employment practices . The undersigned agrees to complete all work covered by these contract documents within Fifty...{§Ql 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 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 i n 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 hereby acknowledged of the following addenda: No. 1 No . 2 No. 3 ___ No. 4 Respectfully submitted, (Company Name) By (Authorized Signature) Date : Address : Telephone:...,__ _ _._ ______________ _ PROPOSAL 3 TABLE OF CONTENTS I. NOTICE TO BIDDERS 2. SPEClAL INSTRUCTIONS TO BIDDERS 3. PROPOSAL 4. CITY OF FORT WORTH M/WBE ENTERPRISE SPECU'ICATJONS 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 DIVlSION I -GENERAL REOUlREMENTS 01100 • Summary of Work 01135 • Contract Time 01140 -Alternatives 011 SO • 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 02300 -Earthwork DIVISION 3 -CONCRETE 03300 -Cast-in-Place Concrete DIVISION 7 -THERMAL & MOlSTURE PROTECTION 07920 -Caulking and Sealants 12. CERTIFICATE OF INSURANCE 13. BIDDER'S STATEMENT OF QUALIFICATIONS 14. PERFORMANCE BOND 15. PAYMENT BOND 16. MAINTENANCE BOND 17. CONTRACT NOTICE TO BIDDERS Sealed Proposals for the following: PROJECT NAME PARK IMPROVEMENTS AT QUANAH PARKER PARK PROJECT NO. C282 / 541600 / 801920152480 DOE NO . 6547 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., Thursday, March 10, 2011 and then publicly opened and read aloud at 2:00 p .m . in Council Chambers 2nd 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 Division website at http://www.fortworthqov.org/purchasinq/ 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: http ://www .fortworthgov.org/purchasinq and click the Buzzsaw link. Please contact Joel McElhany, Project Manager, at (817) 392-57 45 or at joel. mcelhany@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. 7400 (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 business 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 business days after the bid opening date, exclusive of the bid opening date. The bidder (a) shall submit documentation at the reception area of the managing department, Department of Engineering, 2nd 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 or DBE 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 steel rebar seeding grad ing/earthwork asphalt concrete earthwork The City's minimum M/WBE goal on this project is 15 % 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 determine award of contract as noted in Item 14 . - Bidder's Statement Of Qual ifications -Special Instructions To Bidders, and upon receipt of Bidder's Statement Of Qual ifications form included in this construction document. In general : • The Prime Bidder, as general contractor or sub -contractor, must demonstrate sim ilar project scope experience on three (3) projects within the last three (3) years. All subcontractors intended for use on th is project shall also demonstrate similar project scope experience necessary to successfully perform on the ir respect ive portion of work on th is project. • The Prime Bidder must provide a li st the surety company(s) which issued bonds for projects listed above. Additionally, the Prime bidder shall list the surety company intended for use on this project. • The Prime Bidder must submit a current certified financ ial statement prepared by an independent Cert ified Public Accountant. • The Pr i me Bidder shall perform work its own organization and with the ass istance of work crews under its superintendence work of a value not less than f ifty 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. B idder's Qua lifications are to be subm itted 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, exc lusive of the bid opening date. 4. Bid Addendum: Bidders are responsible tor 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-l ine with the contract documents. Contractors and/or suppliers are requested to register as plan holders on-line (on Buzzsaw site) in order to rece ive notifications regard ing the issuance of addenda. It shall be the bidding contractor's sole responsibility to verify they have received and considered addenda pr ior to submitting a bid . 5. Pre -Bid Conference: An optional pre -bid conference will be held with prospective bidders at the Parks and Commun ity Services Department, 4200 South Freeway , Suite 2200, Fort Worth, Texas 76115-1499, in conference room #1 on March 1, 2011 at 1:30pm. 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 alternates which is most advantageous to the City. No bid may be withdrawn until the expiration of 70 calendar days from the day bids 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 responsibility of the bidder to whom the contract will be awarded. RICHARD ZAVALA, DIRECTOR PARKS AND COMMUNITY SERVICES DEPARTMENT Joel McElhany Project Manager (817) 392 -5745 joel.mcelhany@fortworthgov.org Advertisement Dates: Thursday, February 17, 2011 Thursday, February 24, 2011 TOM HIGGINS INTERIM CITY MANAGER MARTY HENDRIX CITY SECRETARY SPECIAL INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS l. BID SECURITY 2. PROPOSAL 3. ADDENDA 4. PERMITS 5. AWARDOFCONTRACT 6. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS 7. LIQUIDATED DAMAGES 8. EMPLOYMENT 9. WAGE RATES IO . FINANCIAL STATEMENT 11. INSURANCE 12 . NON -RESIDENT BIDDERS 13. MINORITY/ WOMEN BUSrNESS ENTERPRISE 14. PROTECTION OF TREES, PLANTS AND SOIL 15 . PRODUCT SUBMITTAL AND SUBSTJTUTlON OPTIONS 16. BIDDER'S STATEMENT OF QUALIFfCATIONS 17. OZONE ALERT DAYS 18. WORKERS COMPENSATION INSURANCE COVERAGE I. 2 . 3 . 4 . SPECIAL INSTRUCTIONS TO BIDDERS BID SECURITY : Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded . To be an acceptable surety on the bid bond. the surety must be authorized to do business in the state of Texas . fn addition, the surety must ( l) 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 pennitted or required under federal law . Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion , will determine the adequacy of the proof required herein. 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 muy 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 cons idered 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 witli 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 uhit prices bid or any other requirements of the Contract Documents. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting Parks and Community Services Department telephone number indicated in the Notice to Bidders. Bids that do no t acknowledge all applicable addenda wi II be rejected as non -responsive. (See Item G in the Proposal.) PERM [TS: The Contractor shall obtain all perm its necessary for comp I iance 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 . SPECIAL INSTRUCTJONS TO BIDDERS • I - 5 . A WARD OF CONTRACT: The Contract may not necessarily be awarded to the lowest bidder of the Base Bid. The Parks and Communi ty 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 . 6 . 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. 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 accep table to the City. All bonds furnished hereunder shall meet the requ irem ents 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 exectited, 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 faith fol performance of the work in accordance \.Vith 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 I, 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 Insunrnce Code. art. 7.19-1 (c). Satisfactory proof of any such reinsurance 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 he re in. No sureties will be accepted by the C ity that are al the Lime 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 SP ECI AL INSTRUCTIONS TO BIDD ERS -2 - 7. 8 . 9 . 10 11. LI OUIDA TED DAMAGES: The Contractor's attention is called to Part I -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. 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 I 3-A-21 through 13-A-29) prohibiting discrimination in employment practices. WAGE RATES: All bidders will be required lo comply with provision 5159a of "Vernons 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 FJNANCIAL 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 Stale Licensing Agency. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence . A commercial business policy shall provide coverage on ;\any auto", de11ned as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If'suc.h a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders -Item 16 . ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, IOOO Throckmorton Street, Fort Worth, TX 76102, prior to c.ommencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. SPECIAL. INSTRUCTIONS TO BIDDERS -3 • D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation , non-renewal, and/or material change in policy tenns or coverage. A ten days notice shall be acceptable in the eve.nt of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a cu1Tent A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage . H. Workers ' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City . · . I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery . K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss . L. Contractor's liability shall not be limited to the specified amounts of insurance required herein . M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 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 th is state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS - 4 - 13 . "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 ol'the Proposal must be filled out by c:111 non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so wi II automatically disqualify that bidder. MINORITY/WOMEN BUSINESS ENTERPRISE : In accordance with City of Fort Worth Ordinance No. 15530, the City of Fort Wo1th 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 Fon11, Subcontractor/ Supplier Utilization Form, Prime Contractor/Waiver Form and the Good Faith Effort Form and or the Joint Venture Fonn, as applicable, must be submitted no later than 5:00 p. m . five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Transportation and Public Works Department ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution behveen the City of Fo1t Worth and the successful bidder, now known as Contractor , a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information : I. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be perfonned 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 lettcr(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinanc.e 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 c.ommencement 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 act ivity by an M/WBE in a particular month, place a "O" or "no participation" in the spaces provided. and provide S1'ECI 1\L INSTRUCT IONS TO Bfl)D ERS • 5 • 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: I. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized lette r 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 submitt ing part icip ation 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: I. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion . 2. If the. change affects the committed M/WBE participation goal, state clearly how and why in documentation . a. All requests for changes must be reviewed and pre-approved by the M/WBE Office . b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project , and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers util ized on t he project . • All forms are available at the M/WBE omce, 3rd floor -City Hall. For additional information regarding compliance to the M/WBE Ordinance , call (817) 871-6104 . Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore . Contractor further agrees to permit an audit and /or examination of any books , records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and /or initiating action under appropriate federal, state or local laws or ordinances relating to false statements ; li.1rther , any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud SP EC IA L INSTRUCTIONS TO BIDDERS . 6. will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 14. PROTECTION OF TREES. PLANTS AND SOI L: 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. 16. By Ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-Of-Way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number . Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture . Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 15. PRODUCT SUBMITTAL AND SUBSTITUTION OPTIONS: -All prospective bidders shall submit Bid Proposals which reflect specified products only. Product substitution of 'Or Equal' products will be considered only after award of contract is made to the successftll Bidder I Prime Contractor. See Div . I -General Requirements -Section 01640. BIDDER'S STATEMENT OF OUALIFICA TIONS 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 success folly perform the proposed scope of work. The Prime Bidders' specific (I) 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/ subc'ontractors qualifications. B. PRIME BIDDER/ SUBCONTRACTOR QUAUFICATJONS I . 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 list ing of surety c.ompany(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 Certi tied Public Accountant. 5. Name and qualifications for the site superintendence of the work . SPECIAL INSTRUCTIONS TO BIDDERS . 7. 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 Of Intent for the use of specific subcontractors listed on the Bidders Statement Of Qualification form. The Prime Bidder shall submit such Letters of Intent 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 subsequentlv 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 Depa11ment no later than five (5) City business days after the bid opening date, exclusive of the bid opening date. Recommendation of award of contract shall be contingent upon the Bidder and I 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 finn 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 I 00 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 wi II be allowed to participate in the joint venture without writ1en 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.111 . -I 0:00 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 I 0:00 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 SPECIA L. IN STRUCTIONS TO BIDDERS • K. 18. will be considered as a weather day and added onto the allowable weather days of a given month. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance . a certi tic ate 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 entit y employees providing services on a project , for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity . Persons providing services on the project ("subcontractor" in. 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perfom1 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 e.ntity , or employees of any entity which furnishes persons to provide services on the project. "Services" include. without limitation , prov iding, 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 classi ti cation 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 SP ECIAL INSTRUCTIONS TO BIDD ERS . 9. (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 therea fler. G. The contractor shall notify the governmental entity in writing by cert ified mail or personal delivery, within ten days after the contractor knew or should have known , of any change that materially affects the provision of coverage of any person provid ing 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 , infonning 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 \Vith whom it contracts to provide services on a project, to: (I) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements. which meets the statutory requirements ofTexas 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) obta in 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 SP ECIAL INSTRUCTIONS TO BIDD ERS -10- (7) contractually require each person with whom it contracts, to perfonn as required by paragraphs (I) -(7), with the certificates of coverage to be provided to the person for whom they are providing services . J . By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project , that the coverage will be based on proper reporting ofclassification 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 informa!ion 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 slating 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 emplo yee." "Call the Texas Workers' Compensation Commission at (5 12) 440-3789 to receive information on the lega l requirement for coverage , to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." SP ECIAL INSTRUCTIONS TO BIDDERS . fl . END OF SECTION SPF.CJ/\1. INSTRUCTIONS TO 81DDERS -12 - -,., . TO : FOR : PROPOSAL REVISED MARCH 8, 2011 -ISSUED WITH ADDENDUM #2 Mr. Tom Higgins Interim City Manager Fort Worth , Texas PARK IMPROVEMENTS AT: Quanah Parker Park C282/541600/801920152480 TPW NO.: 6547 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans , specifications , and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications , and subject to the inspection and approval of the Parks and Community Services Department Director of the City of Fort Worth . The "approximate quantity" category is for information purposes only. The Contractor shall be paid on the basis of actual installed quantities on non lump sum items. Additionally, the Contractor shall be aware that the Proposal contains both Lump Sum and Unit Price items . If the lowest bid received exceeds the funds budgeted for the project, the City reserves the right to decrease the quantities contained in any line item or to eliminate any specific line items before award of the contract in order to bring the work within budget. By subm itting 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 furn ish, if appl icable, Performance , Payment , and Maintenance Bonds approved by the City of Fort Worth for performing and completing the said work within the t ime stated and for the following sums , to w it: PAY CPMS BID APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM NUMBER QUANTITY PRICE WRITTEN IN WORDS PRICE AMOUNT BID BASE BID Installation of project sign (per detail in 1. 810 -00504 1 EA specifications.) --1' za2. /k111M~ ~fv~ -h alE_ Dollars & J?,5 ~ J?fi oO lC) Cents per EA $ $ Sediment Control per plans and 2 . 810-00100 1 LS specifications . See sheets 9-11. ~ ~~ ~IJ 6 ~}J , T,a, Dollars & B48 'L!e ~9f32,~ G~ Cents per LS $ $ 3 . BID-00181 1 LS Traffic Control .,; i:;t-_..., »-u_,vc.Ro J) Dollars & co cO rs.20 Cents per LS $ /600 -$ )50()- Demolition , removal and disposal of existing improvements as shown ~n::~n ~an . 4 . 810-00824 1 LS See sheet 48"t~ c:>t:~ ih<.'t,l.~I} ~~&i~-V ollars & t:,--0 !,:O -\::.1::z:; Cents per LS $ [8 11 g, -$ i f3 )1 ~ - PROPOSAL PAY CPMS BID ITEM NUMBER 5. 810-00472 6. BID-00134 7. 810 -00528 8 . 810-00447 9 . 810-00487 10. 810-00776 11 . 810-00405 12 . 810 -00971 11 . BID APPROX. DESCRIPTION OF ITEMS WITH BID UNIT QUANTITY PRICE WRITTEN IN WORDS PRICE Earthwork , cut and fill to final grades as 1 LS shown on plans .See sheet 6. t".?i.t&. -n....ol.!;'.2Q.:1.2CQ Dollars & e.r(} Cents per LS $ )}t?:xJ - Hydroseeding and temporary water . See 1 LS sheet 4 . ~-F,iK.~lii() ~ih-t,~\.t-\-Dollars & '!O Fo g.-b'1 Cents per LS $ Lf&/6- Furnish and install complete in place 5" thick 3 ,000 PSI concrete sidewalk w/ reinforcing . 9,112 SF See sheet 5 . "TkiZ-<-<-Dollars & s 3~ ~~..01:~ Cents per SF l Furnish and install , complete in place 2" thick 526SY type "D " TXDOT item 340. See sheet 5. 11., ~ ~~Jve_ Dollars & ,..G ~l-~.;&d Cents per SY $ , Furnish and install, complete in place , 6" thick Recycled Asphalt Pavement Subgrade ( Max 50%, min imum 20% recycled HMAC) 4% cement stabil ization (minimum 250 psi.) See 526SY sheet 5. 1vt:1-~~ Dollars & Jlf 6-E!-h~'4 Cents per SY $ Benches and concrete pads as determ ined. 11 EA See sheet 3 and 7 . ~ -ni~u-<-J) Dollars & a:, Cents per EA $ IOCP - Guardrail as detailed with round wood posts . 209 LF See sheet 8. l),~1\.J Dollars & ..-,q~ S.Y h \ -511«-Cents per LF $ Solar powered light poles and bases as detailed and specified with concrete 3 EA foundation. See she~d 7 . L. ~~ ;szi_Q(). ~~\lj Jnfrs & {f~~ 'Cents per EA s 572 /5£ Owner's Discretionary Construction 1 LS Allowance Five Thousand Dollars & zero Cents per LS $5 ,000 .00 BASE BID TOTAL PRO POS AL 2 TOTAL AMOUNT BID $ 4LXO ~ $ L!'<7~Z L)~ $ J9L53 lJO CJ() s la3CJD - $ ?&)] ~ oO $ J/000 $ 1 /D lo S> $ 1 ') )loY:. !st> $ 5,000 .00 $ llf)/}51) ~ > PAY ITEM A. B. C. D. E. F. G . CPMS BID APPROX. NUMBER QUANTITY DESCRIPTION OF ITEMS WITH BID PRICE WRITTEN 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 appl icants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278, as amended by City ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Fifty (50) 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 c2/h 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 w ithin 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 C ity or to reject the proposal. Receipt is h~ acknowledged oft e following addenda: No. 1 9J!2!. No. 2 No. 3 ___ No. 4 Respectfully submitted, (Company Name) ~dLLL .,y(Atrthoriied Signature) Date : J-)V -I/ Address : eo Bey)( k] I Telephone: (@7 ) 77J -¥4D I PROPOSAL 3 VENDOR COMPLIANCE TO STA TE LAW Section 2252 .002, Texas Government Code, provides that , in order to be av,,arded a contract as low bidder, non-res ident bidders (out-of-state contractors whose corporate offices or principal place of bus.iness a re outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lo\ver 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 t he State in which the non-resident's principal place of business is located . The appropriate b lanks in Section A mus t be filled out by all out-of-state or non-resident bidders in order for your bid to meet specificati o ns. The fai lure of out-of-state o r non-resident contractors to do so will automatically disqu a lify tha t bidder. Resid e nt bidders must check the box in Section 8. I A. Non-resident vendors in (givb state), our principal place of business, are required to be percent lower than fresident bidders b y state law . A copy of the statute is anachecl . Non-res ident vendors in _____ (givf state), our principal place of business, are not required to underbid resident bidders. j B. Our pri nc ipal place of business or corporate p fficc is in the State of Texas. Please Check o, t8'k with an "X" BtDDER : Kfl 4ck I() J.N<..-- ( plcase print) By:~.L Company ~ro."'-' 5Yvz ,r~ (please print) Signatu,e:~ ~ (plea se print) Zip Jfo4:2J./ T HIS FORM MUST BE RETURNED WJTH YO U R Q UOTATION VE N D O R COMP LIANC E TO ST .'\TE LAW FORT WORTH --....,.....--- () City of Fort Worth i.) 03-1 _,. 4 -7 1 ATIACHMENT 1A Page 1 of 4 A r o :3- Subcontractors/Suppliers Utilization Form :) our Check applicable block to describe prime M/W/DBE NON-MIW/DBE BID DATE -/{)-U) D Identify all subcontractors/suppliers you will use on this project FaUure 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 i~ 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, Collln, Dallas, Denton, Ellis, Kaufman and Rockwall counties. identify each Tier level. Tier Is the level of subcontracting below the prime contractor, !i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier 1 ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency {NCTRCA}, or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise {DBE) is synonymous with Minority/Women Business Enterprise (M/WBE}. f1thauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and I operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease I 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 cred it for the tees and commissions earned b the M/WBE as outlined in the lease a reement. Rev. 5!30/03 (J ~ C) fORTWORTH ~ I •J • :• :.--·v I ATTACHMENT 1A Page 2 of 4 Primes are required to identify & subcontractors/supp li ers, regardless ol status ; i.e., Minority, Women and non·MIWBEs. Please list M'WBE firms first, use additional sheets it necessary. Certification H (check one) Q SUBCONTRACTOR/SUPPLIER n T N T Detail Detail Company Name I C X II Subcontracting Work Supplies Purchased Dollar Amount Address e II w T D w Telephone/Fax r B 8 R 0 8 E E C T E A (<.c... "M To.:? l ,ziw c~~ 61 Jrll-tfoyYJC,}'1 1 -rt ,:,("> 3655- ~)1-t).5"q -I qq; ,t(:) 80-?6"1-.;z.19q 7SO (pi.-utOUJ~ . ,U_, {}'h:( q302~ PD tbz,-x /4, i~t1 ;:.r. t,J,,irn , -rx Jp}I-']SC,-JC,10, n -1GCt . %'i<'I 1-1""'€.tM t,vt,rwmeti 5, l t-~c.-e_ po flx:ti Jfu°t Zlf'lq 0 ~ l 6 i,v;,-r, ..v , T ;< qi.Jo-lt#B -3la¥> q,;o -h;B-J ifo 1 I I & °'-r / J~ 0 1!J ~G 'i) I IX I >/kq... 6~ -60~ i.~n-_ s~, iq~ IJ.c., h~t :§m1u~,o,.;, h tvl"J )-.e.12...,e, - iow5.i,4 i I I I I I L I L---~~·~~_._....__.___.___.___.__.___~_____._~---=--.........____--=--==-=' Rev. 5130/03 /15-. . fl? (). () I FoRTWORTH ~ 03 -J4 -11 AJ0 :35 our ATIACHMENT lA Page 4of 4 Total Dollar Amount of MIWBE Subcontractors/Suppliers $ IBJlda ~ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ JOZ[)b-, # TOT AL DOLLAR AMOUNT OF ALL SUBCONTRAfTORSJSUPPLIERS $ Bt3ol) ' 1.py ~ntractor will not make additions , deletions, or substitutions to this certified list without the prior approval I ~f-th;-Minority and Women Business Enterprise Office Manager or designee through the submittal of a I Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of I contract and may result-in debarment in accord with the procedures outlined in the ordinance. The contractor I shall submit a detailed explanation of how the requested change/addition _ Q.1' deletion will affect the committed I M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M'W/DBE (s) arrangements submitted with the bid . The Offeror also agi"ees to allow an audit and/or exam ina ti on of any books, reco rds and fil es held by their company. The bidder agrees to allow the transmission of interviews w ith owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actua l work pe rf ormed by the M/W/DBE(s) on t his contract , by an authorized officer or employee of the City. Any intentio nal and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from Cicy work for a period of not less than three (3) years and for initiating action under Federal, State or Local law s concerning false st atements . Any failure to comply with this ordinance and create a material breach ot contract may result in a determination of an irresponsible Offeror and barred from partic ipating in Ci ty wo rk for a period of time not less than one (1) year. AJ'Htoriz~nature Printed Signature Ti h1 RB~dcno :::rtJc._,_ Contact Namemtle i" 1diffarent) 8!7-17~-c..r/s;;D f ~} J-ZQ/c;[ 4:7lo,';2"' clephone and/or Fax CompanNa me m_m~ to'll Add ress C~on-bf 1Q-O f.sbtglobaJ, 11Je+ E-mail ddress Rev. 5i30/03 ... ·····--·-····· ---··--··------... ···-·--. ··--····-··. AC Mech,ll'IIC HC'lper Sib 11 AC'tKJ'UtOtt (1;1111,,g Mechtll\lC llb.26 ktiu,., u 1111 Cr1ltng Helper 112 •16 l\hP5tO:\ Work,"f 10 .00 Onckf l'yPr, !itor,e Mt1\on l>a.78 On<.ktayer ,·Sto oe Mcison Hctr,t'-r S1U .J9 Carpente: 519.bq C arpcnter Hclpc:,r I I J.45 so . 71 so.o 10.71 \ 1,1 qq Concrete F1111mt'r IIJ.97 10.•1 10.04 50 .H S t•.55 Cuncre\1.' f•nistwr tlctp~r 112.14 50.43 50.04 SO. I 1 I 12 . 72 Coocre-tt.4 For,,, Rudder 114.0l ID .6 SO .OJ 10 .15 51•.88 Concret<' form Bulldr.r Helper 111.72 10.54 SO OJ SO . I 512 .)9 Drywall M<'<ho11t1· 116 .1 10 .56 10.02 516 .98 Or')IWOII Helper 112.'ll 10.JJ so.oo 10.28 51 J.05 Dryw,u TRJX'' 115 . D,ywoll T,per Helper f1cclnc1af'I 1Journe')'n-111n1 EIC(t<icran Help,:,r Elcctron1e Tt't.nniL~1r1n Electronlr. fpr.h1)tt1 ,1n t-4~1pcr 10. F!oar I.ayer (Corpl."ll rloor L.11ycr 1Ac~1iumt1 r al ll• L dVl~, Hc4 ipc, Gl!z,er >18 11 ~.,. <,:!_ 10 .)8 50 .71 111 ~; t'.t!d!lf:'r llt'iriti: r,i .!.49 \ ! i fi 50 I Ill l~ . -~-·------------- 111~·,J :Jlt.'' S lb~-SC i9 so . 12 lt•\\.t ili\lJ' ti~if\{!• S1 I 21 5(1.lb so \\ $0 1 l 11, a, LdtJoh.'t Cu:nrn ur \ 1U •7 Lcl:Oorer Skuttd 11).24 LMN.•r 117 00 Latneir ttPlON S 11 .00 50 McH r1t Oudc:J1nw As.sr.nit>ler 5t6 .0C 51.51 50 ,63 50 .0C 118 19 ;Y.(-t itl 0\illdlni A~~mblcr Helper Stl .OC It.Sb 10 .6) so.oc 11-1 . 19 Pa1 ,,l(•1 112 .57 I0.6~ SO .Ol 10.09 I I], )7 Pn•~lC-" Hetpt'r 19 ,91 50.61 SO .Ol so 09 110 . 70 P11>cf •t1t..u 121. 14 10 .9( SO . I) 10 .•I> S22.S9 P:1u:t •ttc>r H~tiws SH 92 so 51 SO . II 10 .23 115 .82 r1\;i\.lt''t." s11 .i.; SO.OS so oc SC .00 SP JO r-- Plb>tt•trr '1t>lp("I 112.85 so 01 so . 11 S0 .4j I tl .9( Plvi 1'bt-1 S20 n SO .o9 so . tl IC.43 111.5! l''.1,111t,(."t tiC!IJL'' 51 ,1 _95 10 95 10. 11 so 0( \l•HI Rt."1d(1rt1ni,; Sh~<·! Srltt!r Ill 01 so . )6 10 .01 50.lJ St l .61 k~1nfo• c,n~ St1.~e1 ~cller H~lpt!1 111.19 SC 25 10.05 so 16 I 11.64 Roore, 516.18 11.25 \U ./l so 17 1,5 .. ,1 Kouft•r hr!l'JI'"' 112 . ll '>l.}!'i 10 1l Ill 'I \1 l .98 ~it\rct Mt't"1 \'Yu•1t.(•1 I 11 . 49 so q) 10 . IC sc.•,1 \ 19,0bi Stltlet Mt>!,'U \V'Jlkl'' H(•\µt.•I \t,111 \t •I( so. ti 10 .,1,1 Ito . ti 1.Jnru,klf', ~,..,., c,,,, lmlii\~, I lY I/ ~ ,.,,a so . ll 10.).1 11 t.52 -- '1µ1•,,111~, S('Jl.f.•"' ;,,,,.v1rr tlt>tDN s1.a .1r; I l.5C so .co ,o 5l I 11, 07 ·-·-·- \lt-r>I Worki..•r !>•'1.ot.(·.J'il i \19 .28 I t.l i so 55 so . 17. Ill lt Ster: V'.'o,M•r Sr,,Kuiral 'irlpr, St J.7• 11 17 50 .)9 10.09 $15 ;q (ont•t'"ll! Pun:µ 118 . 5C 10.00 so .oo 10 .00 I 18 10 (1i\1,r., Ci,1,n\tit:•ttl, Aitt~"ue , Oernc~. Oline Sho ... d \17 .81 It Jl S0 .12 10 .21, 51? .. tH ru,H,t: I t}.QE 10..ii S0 .0•1 so 08 It 1.10 -· Fn,,•,cJ i>!'•"'' Ori1 1 l>u<"ra t~:r S72 SC ~O .OI $0 .00 10 .oc 111 I G f"1o•ll £•1 11 I Uil<ll'' \IUl so )f SO .Oh 10 .17 s, J 14 r ,· .,r i.. l)• 1\•1~· s,s 21 ~o c, so o,., so .19 $16 .11 .... - ,,.·p1dr~· 117 .81 so 91. SU 'I SO . JC ·) 1? 15 --· ~~r••ljt." Hc."l:)1.•! s,~ ;~ \G 75 w.oc so lJ ~I j i,41 --·~-----------·· ---------· ·--··-··-__ ___L ___ ..... ! --··-··-· _ _. __ ···-~----·· ____ . _ _J 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 3 !51 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 befo re 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 I Ith 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. (l) 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) Subc,ontractor 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 . 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 arc 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 lhese 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, inc.luding a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial 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 tltll 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 Resolve.ct. 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 detennination 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 WEA Tl-lER T/\BLE A VERA GE DAYS RAINFALL (I) 7 7 7 9 8 6 5 5 7 6 6 7 80 (I) (2) (3) Average normal number of days rainfall, 0.01" or more . Average normal precipitation. One inch (I'') or more . ... Less than one-ha( finch ( I /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) ... ... 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 infonnation recorded at the fonner Greater Southwest International Airport, Fort Worth, Texas, covering a period of 18 years. Latitude 32" 50' N, Longitude 97° 03' W, elevation (ground) 537 ft TO THE EMPLOYER/CONTRACTOR: Pursuant to Texas Worker's Compensation Commission Rule l 10.l 10(d)(7), a contractor engaged in a building or construction project for a government entity is required to post a notice on each project site informing all persons providing services on the project that they are required to be covered by workers' compensation insurance. The notice required by this rule does not satisfy other posting requirements imposed by the Texas Workers' Co1npensation Act or other Comn1ission 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.l 10(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 construccion 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. SCM,E: NTS FILE NO. 000 r -----· ---------------------------------------4. -----·----·-----·-------------------------------------f i I '-,,.---·-----~--------------------------, ! I l ! 4'-6" ·------------------------i_ 3" }----p . r· I -------A s· -k====-ro J e ct It ~:~::-_--:--=--=~-, . 3" ---t_. ___________ 2 Np LINE _____ ---··-----~ IF NECESSARY ___ ... / i·· .. 3 • 1 \.------------·-·--------C t t -·--------------------· ...... -... ·---.... , 1f ---~=----------------on rac or: -----------------------'""-7=.~,-~-... l" 2J" -----,L __ Contractor's Name _____ ~ , .... 2l · 1" --t -----------------·--. 'FUNDED gy --·-·-·------------· -·. ~L 1" •1 .. _C[: City Gas Lease i 1 ]pRevena~ ill: Act!~!!l l' 1( ·i=-___ §cb.~_9_1::IJ~Q_ CyompJet1q_Q_Q_at~ -====~---~ .. 1-----~ ear 2 " ·-----·--··---· -----·---·-·--··---f' 'lo.-------·--.__ ____________________ ___, __ ____, 1" .J FONTS: FORT WORTH LOGO IN CHEL TINGHAM BOLD ALL OTHER LETIERING IN ARIAL BOLD COLORS: FORT WORTH • PMS 288 LONGHORN LOGO· PMS 167 LETTERING • PMS 288 BACKGROUND • WHITE BORDER • BLUE 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. PROJEC T DESIG NA TIO N S IGN Cn"\' Ot' FORT ~ORTII . n::us PA RK S AND CO MM UNITY SERVI CJ'.:S DEPT . TECHNICAL SPECIFICATIONS DIVISION I -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 plan s 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 unde.r these plans and specifications for : Quanah Parker Park Improvements These plans and specifications were prepared by MJ Thomas Engineering, LLC for the Parks and Community Services Department. The Transportation & Public Works Department will administer the contrnct and furn ish inspection . I . In add ition to project perfonnance stated above, the Contractor shall also be responsible for 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. The Contractor shall also be responsible for attending all project progress meetings as scheduled by the City and provide updated project schedules within 3 calt:nclar days upon request by the City . 3. 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 , I 000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth , Texas. GENERAL REQUIREMENTS . I. SECTION 01130 -PERMITS Applicable to this project X Not applicable to this project 4. The Contractor shall be responsible for obtaining all pennits applicable to this project through the City of Fort Worth Planning and Development Department -Development Division -Plans Exam . Permit fees shall be waived . Within two (2) Working Days after the date of Fort Wo1th City Council award of contract, the project manager shall electronically notify the Contractor to proceed with permit application. Upon City issuance of the Notification of Executed Contracts, the Contractor is required to schedule the pre-construction meeting within ten (10) Working Days from the date of notification issuance. The Contractor shall provide copies of the permit application at the meeting . Should the Contractor be unable to provide verification of permit application due to delay of permit application, the City will not consider a delay in issuance of the Work Order (Contract start date) or allow for additional Work Days to the Contract. For field inspection of all permitted items, the Contractor shall notify the Transportation Public Works Construction Inspector, who in turn will be responsible for notification and scheduling of inspe.ctions with the Development Inspector(s). SECTION 01135 -CONTRACT TIME 1.0 I 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 clays 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 udded 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 GENERAL REQUIREMENTS . 2 - Standard Specification for Street and Storm Drain Construction -ltem No. 8.6 -Failure to Complete Work On Time: Pg . 27 -28 . Amount of Contract $50,000 -$100.000 $100,00 I -$500.000 $500,00 I -$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 O 1150 -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 1.0 I SCOPE OF PAYMENT: The Contractor shall accept the compensation as provided in the contract in full payment for furnishing and paying for all materials , supplies, subcontracts, labor. tools and equipment necessary to complete the work of the contract: for any loss or damage which may arise from the nature of the work from the action of the elements, or from any unforeseen difficulty which may be encountered in the prosecution of the work, until the final acceptance of the work by the City; for all risks of every description connected with the prosecution of the work ; for all expenses and damages which might accrue to the Contractor by reason of delay in the initiation and prosecution of the work from any cause whatsoever; for any infringement of patent. trademark or copyright, and for completing the work according to the plans and/or specifications . The payment of any current or partial estimate shall in no way affect the obligations of the Contractor to repair or remove, at his own expense, the defective parts of the construction or to replace any defective materials used in the construction, and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work . 1.02 Partial pay estimates shall be submitted by the Contractor or prepared by the City on the I st day and 15th day of each month that the work is in progress . Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below . Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so GENERAL REQUIREMENTS . 3 . installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. 1.03 It is understood that the partial pay estimate amounts will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate . Payment of any partial pay estimates shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents . 1.04 The City reserves the right to withhold the payment of any partial estimate if the Contrnctor 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, rctainage shall be 10 percent. For contracts of $400,000 or more at the time of execution, retainage shall be S percent. The Contractor will receive full payment for work, less rctainage, 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. 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 . I ~ ~(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 considerntion 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 GENERAL REQUIREMENTS . 4 . 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, materinls, 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 Jump sum price agreed upon in writing by the Contractor and City Engineer and approved by the City Council before said extra work is commenced, subject to all other conditions of the contract. C. Method "C". By actual field cost of the work, plus 15 percent as described herein below, agreed upon in writing by the Contractor and City Engineer and approved by the City Council after said extra work is completed, subject to all other conditions of the contract. In the event extra work is to be performed and paid for under Method "C", the actual field costs of the work will include the cost of all workmen, foremen. timekeepers, mechanics and laborers working on said project; all used on such extra work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable proportion of premiums on performance and payment bonds, public liability, workmen's compensation and all other insurance required by law or ordinance. The City Engineer will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used. but such extra work will be performed by the Contractor as an independent contractor and not as an agent or employee of the City. The I 5 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. GENERAL REQUIREMENTS . 5. I . IO 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. I. I I 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. I . I 2 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. J. 13 ACCEPTANCE AND FINAL PAYMENT : The City, upon receipt of the Director's "Certificate of Completion" and "Final Estimate" and upon receipt of satisfactory evidence from the Contractor that all subcontractors and persons furnishing labor or materials have been paid in full and all claims of damages to property or persons because of the carrying on of this work have been resolved, or the claims dismissed or the issues joined, shall certify the estimate for final payment after previous payments have been deducted and shall notify the Contractor and his surety of the acceptance of the project. Bills Paid Affidavit and Consent Of Surety shall be required prior to final payment becoming due and payable. In the event that the Bills Paid Affidavit and Consent Of Surety have been delivered to the City and there is a dispute regarding ( 1) final quantities, or (2) liquidated damages, the City shall make a progress payment in the amount that the City dee.ms 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 sh al I 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 tu these causes . SECTION 01300 -SCHEDULE SUBMITT ALS GENERAL REQUlREMENTS . 6 . Prior to construction, the Contractor shall furnish the Parks and Community Services Department a schedule outlining the anticipated time each phase of constmction 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 supeiintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. SECTION 01410 -TESTING All tests made by the testing laboratory selected by the City will be paid for by the City. In the event manufacturing certificates are requested, they shall be paid for by the Contractor. SECTION 01500 · TEMPORARY FACILITIES AND CONTROLS The Contractor shall take all precautions necessary to protect all existing trees, shrnbbery, 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 informmion 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 HfGH VOLTAGE LINES ." GENERAL REQUIREMENTS - 7 - 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 backho es 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 1.0 I GENERAL -The successful Prime Bidder/ 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 : Joel McElhany, Project Manager (817) 392-5745 Parks and Community Services Department 4200 S. Freeway Suite 2200 Fort Wonh, Texas 76115-1499 A. Submittal approval process of specified products and consideration of "Or Equal" products : I . 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 GENERAL REQUIREMENTS . 8 . SECTION 01700 · PROJECT CLOSEOUT I.OJ CLEAN -UP The Contractor shall make final clean-up of the constrnction 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 mater ials shall be disposed of by the Contractor, at this own expense, and as directed by the Parks and Community Services Depaltment. 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 injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers , servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier . The Director may, if he deems 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 . JO . I. 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 : I . Product description 2. Performance and test data 3 . Reference standards 4 . Examples, if requested . cl . Name and address of similar projects on which product was used. and d.ite of installation . B. In making request for the use of "Or Equal'' product substitution, the successful Bidder I Prime Contractor represents : I. 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. 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 submitlals have been received, reviewed and approval provided by the Project Manager. GENERAL REQUIREMENTS - 9 - 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 gmbbing, demolition, and removal and disposal of item s as specified herein and on the plans . 1.02 RELATED WORK SPECIFIED ELSEWHERE : A. Section 02300 -Earthwork B . Existing Conditions, Removal and Demolition Items . PART 2 -PRODUCTS 2.0 I No products are required Lo execute this work, except as the Contractor may deem necessary . PART 3 -EXECUTION 3.01 CLEARING AND GRUBBING : A . Clearin_g 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. D. E. 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 . Buried material such as Jogs, stumps, roots of downed trees that arc greater than one and one half inches (I -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. Ground cover consisting of weeds , grass, and other herbaceous vegetation shall be removed prior lo stripping and stockpiling topsoil from areas of earthwork operat ions. Such removal shall be accomplished by "blading" off the uppermost layers of sod or root -matted soil for removal. SITE PREPARATION 02200 . I . 3 .02 PAVEMENT REMOVAL: A. Bituminous and concrete pavements shall be removed Lo neatly sawed edges. Saw cuts shall be full depth. If a saw cut in concrete pavement falls within three feet (3 ') of an en existing score joint, construction joint, saw joint, cold joint, expansion joint, or edge, Lhe concrete shall be removed Lo 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 UTrLITIES 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: 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. 3 .08 STORM WATER MANAGEMENT PRACTICES : During the progress of work, the Contractor shall maintain existing storm water erosion and silt control measures in place at the site and shall provide additional erosion control barriers, silt fences and other techniques in accordance with best management practices . END OF SECTION SITE PREPARATION 02200 . 2. SECTION 02300 -EARTHWORK PART 1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment , and services requ ired 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 quant ities of rock not greater than four inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transport ation 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 other objectionable matter has been cleared by "blading," as specified in Section 02200 , "Site Preparation ." Topsoil may be greater or less , than the upper six inches (6") in depth . EARTHWORK 02300 - I - 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 . ln general, imported material must be equal to or better than native material in qualit y and engineering characteristics. The Architect/ Engineer may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS A. Select materials shall be imported from offs itc 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 materia l. l . 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 "wa ste" as specified in Section 02200 . C . Wet Material : If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Architect/Engineer may grant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition. Ei\RTI !WORK 02300 -2. PART 3-EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3 .02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete . B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced (deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. D. Replacement : Topsoil will be deposited in a single layer or lift . It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than live inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of earthwork (including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient (slope), uniform in surface texture, and of normal compaction . Areas ofloose 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. Et\RTHWORK 02300 -3 - 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: I. 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 tmder construction and shall be backfilled with suitable materials as indicated on the plans . 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General : Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed . The subgrade shall be proof rolled to detect soft spots, which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately twenty five (25) tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed, loosened ground, or surfaces roughened by small washes or otherwise, shnll be restored to approximately its original slope by blading or other methods, and, where indicated on the plans or required by the Owner, the ground surface , thus prepared, shall be compacted by sprinkling and rolling. EARTHWORK 02300 . 4. 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 loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts , evenly spread, not to exceed eight (8") inches in loose depth before conditioning and compaction. Unless otherwise pem, itted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed . Adequate drainage shall be maintained at all times . G. Watering: At the time of compaction, the moisture content of fill material shall be such that the specified compaction will be obtained, and the fill will be firm, hard , and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H . Compacting : Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers, pneumatic tire rollers, or other mechanical means acceptable to the Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading : Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capac.ity 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 nim:ly eight percent (98%) of Standard Density ASTM E/\RTHWORK 02300 -5 - D698 with the moisture content at minus two percent (2%) to plus four percent (4%) of optimum moisture content. 3.06 MOISTURE MAINTENANCE : The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures , areas of pavement , or for select embankment. 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 fi II 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 lo avoid any displacement or damage to the subgrade . If any of the subgrade is rutted. damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02 . END or SECTION EARTHWORK 02300 - 6 - SECTION 03300-CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.0 I SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps C . Picnic Table Slabs D. Playground Edging E. Concrete Walls and Footings 1.02 QUALITY ASSURANCE Re.Ference Specifications : The work under this divi sion of the Specifications shall conform generally to the requirements of Item 314 -"Concrete Pavemen t", Item 406 - "Concrete for Structures", and Item 410 -"Concrete Structures " of the City of Fort Worth 's Standard Specifications for Street und Storm Drain Construction . PART 2 -MA TE RIALS 2.01 FORMS Forms shall be of ample strength, adequately braced, joined neatly and tightly and set exactly to established line and grade . 2.02 REINFORCING MATERIALS Reinforcing Bars : Reinforcing bars shall be round deformed bars meeting the requirements of .the current standard Specifications for In termediate Grade Billet Steel Concrete Reinforcing Bars of the A.S .T .M . Designation A-615 . Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond . General reinforcing bars shall be number three bars spaced 18 inches on center in walks and 12 inches in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requi rements of A.S .T .M. Specification s Designation C-I 50 and shall be Type I . 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: Waler 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 -PLACE CONCRETE 03300 . J. shall be not less than five sacks per cubic yard of concrete and shall have a minimum 28 day compressive strength of 3,000 psi . D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping or interrupting . Concrete shall not be placed on the job after a period of I I /2 hours after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion .Joint Filler : Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel bars with expansion tubes as shown on Plans . Dowels shall be pl.iced eighteen inches on center or as shown on Plans . C. Curing Compound : The membranous curing compound shall comply with the requirements of A.S .T .M., Designation C-309, Type 2, white pigmented . D. PVC Sleeves : The Contractor shall furnish and install four inch class 200 PVC pipe sleeves under concrete walk as shown on plans and details . E. Caulking and Sealants -See Section 07920 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design : The concrete shall contain not less than five sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate (dry -loose volume) shall not be more than 85 percent per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water 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 3,000 pounds per square inch at the age of twenty-eigbt days using a 5 sack mix . CAST -IN -PLACE CONCRETI1 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 lo 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 I /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 specifica11y 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 al 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 sh all be removed before resuming concreting operations . 3 .03 PLACING CONCRETE Placement of Concrete: The concrete shall be rapidly deposited on the subgrnde immediately after mixing is completed. Subgrade and forms shall be dampened prior to placement of the concrete . The concrete shall be transported, placed and spread in such a CAST-IN -PLACE CONCRETE 03300 . 3 - manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher, without approval of Construction Inspector. Placement shall be catTied 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 depos ited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the 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 Curing Compound : lmmediately 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 CONCRETE WALLS A. Placing Concrete I . Where tremies are used , or where the free drop is 5'-0" or more, and through reinforcement, use a dumping box or board, moving the concrete therefrom by shovels or hoes . 2. Deposit concrete so that the surface is kept level throughout, a minimum being permitted to flow from one position to another, and place as rapidly as practicable after mixing. 3. Do not use in this Work any concrete not placed within 30 minutes after leaving the mixer . CAST-IN-PLACE CONCRETE 03300 . 4. 4. Thoroughly work concrete around reinforcement and embedded fixtures , and into corners of forms, during placing operations . 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and method of placing concrete. 6. Exercise care to tamp concrete vigorously and thoroughly to obtain maximum density . 7 . Use manual tampers as well as mechanical vibrators . a. Exercise care to direct the quick handling of vibrators from one position to another . b. Do not over-vibrate concrete . c . Do not move concrete by use of vibrator . B. Finishing I. All formed surfaces exposed to view shall have a smooth form finish . 2. After concrete has been properly placed and cured, sandblast finish if indicated on the plans and per specification Section 03350 . 3.07 PROTECTION After concrete is placed, finished and cured as required, permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes . END OF SECTION CAST-IN-PLACE CONCRETE 03300 -5 - 3.06 INSTALLATION OF EMBEDDED ITEMS A. General: Set and build into the work anchorage devices and other embedded items requ ired for other work that is attached to, or supported by, cast-in-place concrete. Use setting drawings, diagrams, instructions and directions provided by suppliers of the items to be attached thereto. B. Edge Forms and Screed Strips for Slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain the required elevations and contours in the finished slab surface. Provide and secure units sufficiently strong to support the types of screeds required. Align the concrete surface to the elevation of the screed strips by the use of strike-off templates. 3.07 PREPARATION OF FORM SURFACES A. Coat the contact surfaces of forms with a form-coating compound before re.inforcement is placed . B. Do not allow excess form-coating material to accumulate in the forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with manufacturer's instructions. 3.08 CONCRETE PLACEMENT A. Pre-Placement Inspection: Before placing concrete, inspect and complete the formwork installation, reinforcing steel, and items to be embedded or cast-in . Notify other crafts to permit the installation of their work; cooperate with other trades in setting such work. Thoroughly wet wood forms immediately before placing concrete, where form-coatings are not used. Notify the Architect/Engineer at least one (2) working days prior to concrete placement. B. Coordinate the installation of joint materials and moisture barrier with placement of forms and reinforcing steel. C . General: Comply with ACI 304, and as herein specified . D. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, provide construction joints as herein specified. Deposit concrete as nearly as practicable to its final location lo avoid segregation due to rehandling or flowing. E. Placing Concrete in Forms : Deposit concrete in grade beam forms in horizontal layers not deeper than 48" and in a manner to avoid inclined construction joints. Place beams continuously where possible. Start placing at ends of section and progress toward the center. Do not place concrete in beams supported on piers until the concrete in the piers is no longer plastic. F. Consolidate place concrete by mechanical vibrating equipment supplemented by hand- CAST-IN-l'LACE CONCRETE 03300 . 6 - spading, rodding or tamping. Use vibrators designed to operate with vibratory element submerged in concrete, maintaining a speed of not less than 6000 impulses per minute . G. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit the duration of vibration to the time necessary to consolidate the concrete and complete embedment of reinforcement and other embedded items without causing segregation of the mix. H. Placing Concrete Slabs: Deposit and consolidate concrete slabs in a continuous operation , within the limits of construction joints, until the placing of a panel or section is completed. I. Consolidate concrete during placing operation so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. J . Bring slab surfaces to the correct level with a straight-edge and strikoff. Use bull floats and darbies to smooth the surface, leaving it free of humps or hollow . Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to beginning finishing operations or while seep water is present on slab surface . K. Maintain reinforcing in the proper position during concrete placement operations. L. Cold Weather Placing: Protect concrete work from physical damage or reduced strength whic.h could be caused by frost, freezing actions, or low temperatures, in compliances with ACT 306 . M. Hot Weather Placing: When hot weather conditions exists that would seriously impair the quality and strength of concrete , place concrete in compliance with ACI 305, 3 .09 FINISH OR FORMED SURFACES A. Rough Form Finish : Provide rough form finish for formed concrete surfaces not exposed to view in the finish work or by other construction . This is the concrete surface having the texture imparted by the form facing material used, with defective areas repaired and patched as specified, and tins and other projections exceeding 1/4" in height rubbed down with wood blocks . B. Smooth Form Finish: Provide smooth form finish for formed concrete surface exposed to view, or that are to be covered with a coating material bonded to the concrete, such as water-proofing, damp-proofing, painting and other similar system . This is the as- cast concrete surface as obtained with the form facing material, with defective areas repaired and patched as specified, and fins and other projections on the surface completely removed and smoothed. C. Related Unformed Surfaces: At horizontal offset and similar unformed surfaces occurring adjacent to formed surfaces , strike-off smooth and finish with a texture matching adjacent fom,ed surfaces . Continue final surface treatment of formed CAST-IN-PLACE CONCRETE 03300 . 7. surfaces uni form ly across adjacent unfonned surfaces. 3.10 MONOLITHIC SLAB FINISHES A. Non-Slip Broom Finish: Apply non-slip broom finish to exterior concrete platforms, steps, and ramps. Immediately after trowel finishing, slightly roughen surface by brooming with fiber bristle broom perpendicular to main traffic route . Coordinate required final finish with Architect before application. 3.11 CONCRETE CURING A . General: Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively proper hardening. Start initial curing as soon as free water has disappeared from concrete surface after placing and finishing. Keep continuously moist for not less than 72 hours. Begin Final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least 168 cumulative hours (not necessarily consecutive) during which concrete has been exposed to air temperatures above 50° F. Avoid rapid drying at end of final curing period. B. Concrete surfaces shall be cured by application of curing compound. Provide membrane curing by applying membrane-forming curing compound to damp concrete surfaces as soon as water film has disappeared. Apply uniformly in 2-coat continuous operation by power-spray equipment in accordance with manufacturer's directions. Apply second coat at right angle to first coat. 3 .12 REMOVAL OF FORMS A . Formwork not supporting weight of concrete, such as sides of beams, walls. and similar parts of the work, may be removed 48 hours after placing concrete, provide concrete is sufficiently hard to not be damaged by form removal operations, and provided curing and protection operations are maintained. 3.13 RE-USE OF FORMS A. Clean and repair surfaces of fonns to be re-used in the work. Split, frayed, de laminated or otherwise damaged form facing material will not be acceptable. Apply new form coating compound materials to concrete contact form surfaces as specified f'or new formwork. B. When forms are extended for successive. concrete placement thoroughly dean surfaces. remove fins and laitance, and tighten forms to close joints. Align and secure joints to avoid offsets. Do not use ·'patched" forms for exposed concrete surfaces. 3.14 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill-in holes and openings left in concrete structures for passage of work by CAST-IN-PLACE CONCRETE 03300 . 8 . other trades, after work of other trades is in place . Mix, place, und cure concrete as herein specified, to blend with in-place construction . Provide other miscellaneous concrete filling shown or required to complete the work. 3.15 CONCRETE SURFACE REPAIRS A. Patching Defective Areas : Repair and patch defective areas with cement mortar immediately after removal of forms , but only when acceptab le to the Architect/Engineer . B. Cut out honeycomb, rock pockets , voids over W' diameter, and holes left by tie rods and bolts, down to solid concrete, but in no case to a depth of less than I". Make edge of cuts perpendicular to the concrete surface . Before placing cement mortar, thoroughly clean , dampen with water and brush -coat the area to be patched with neat cement grout. Proprietary patching compounds may be used when acceptable to the Architect/Engineer. 3.16 QUALITY CONTROL TESTING DURING CONSTRUCTION A. Concrete shall be sampled and tested for quality control during the placemen t of concrete, as follows : I. Slump: ASTM C 143: One test for each concrete load at point of discharge; and one for each set of compressive strength test specimens. 2 . Compression Test Specimens: ASTM C 3 I; one set of 4 standard cylinders for each compressive strength test. Mold and store cylinders for laboratory cured test specimens . 3 . Compressive Strength Tests : ASTM C 39 ; one set for each JOO cu. Yds. or fraction thereof, of each concrete class placed in an y day or for each 5,000 sq. Ft. of surface area placed; I specimen tested at 7 days, 2 specimen tested at 28 days and the remaining specimen held for future testing , if required . Report test results in writing to the Architect and the Contractor on the same day that tests are made. Reports of compressive strength tests shall contain the project identification name and number , date of concrete placement, name of contractor, name of concrete type and class, location of concrete batch in the structure, design compressive strength at 28 days, concrete mi x proportions and materials; compress ive breaking strength and type of break for both 7-day test and 28-day tests . 8. Additional Tests: The testing service will make additional tests of in-place concrete when test results indicate specified concrete strengths and other characteristics have not been attained. Test to determine adequacy of concrete will be by cored cylinders complying with ASTM C 42. Contractor shall pay for such test conducted, and any other additional testing as may be required , when unacceptable concrete is verified. C. Concrete sh a ll meet the compressive strength as shown on the plans and specificati ons regardless of AC! 318. AC! 318 shall have no bearing on pass/fail of all site concrete .. C1\ST-IN-PI.ACE CONCRET E 03300 - 9 - END OF SECTION CAST-IN-PLACE CONCRETE 03300 • IO· SECTION 07920 -CAULKING AND SEALANTS PART I -GENERAL I .OJ DEFINITIONS: A. The tenn "sealant" or "sealing" shall refer to exterior joints exposed to weather or interior joints exposed to moisture. When "sealant" is used in an outside joint in aluminum or steel frames, "sealant" shall be required on the inside joint also. 8. 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 2.0 I SEALANTS : As manufactured by Pecora or approved equal. A. Concrete-to-Concrete (Horizontal Joint): NR-20 I with primer . 8 . Masonry-to-Masonry or Concrete-to-Concrete (Vertical): Dynatrol fl 2.02 PRIMERS: Type as manufactured by manufacturer of sealing or caulking material und 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 speci fled 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 PRIMlNG: 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 BACKTNG: Joint backing shall be installed in all joints to receive sealants. Backing shall be sized to require 20% to 50% compression upon insertion, and shall be CAULKING AND SEALANTS 07920 . 2. placed so that sealant depth is approximately I /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 f111 joint completely, allowing no air pockets or voids. Tool the joint surface to compress the c.ompound 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 CAUi.KiNG t\ND SEALANTS 07920 -3 - STATE OF TEXAS § § COUNTY OF TARRANT § KNOWN ALL BY THESE PRESENTS: This Contract is made and entered into this the day of JUN 1 4 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 \l/. Da:rriels, its duly authorized Assistant City Manager, and Raydon, Inc., hereinafter referred to as "Contractor", by and through its duly authorized representative. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certair. improvements described as follows: Park Improvements at Quanah Parker 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 so by the Department of Engineering of the City of Fort Worth. 5. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 50 Working Days from the time commencing said work. If the Contractor should fail to complete the work as set forth in the Plans, Specifications, and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, a per day charge per Working Day as stipulated in these contract documents, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 6. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the Surety to take over the work and complete same in accordance with the Plans, Specifications, and Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the Contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not 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 for damages is outstanding as a result of work performed under a City Contract. 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 Seventeen Thousand Four Hundred Fifty-two and 20/100 .................................................................................................... Dollars, ($117,452.20). 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 w age per h our 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 gov erning 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 hav e made and executed this Contract in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. RT WORTH ~ Susa :Alanis Asst. City Manager RECOMMENDED : APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney aydon, Inc. PO Box 671 Breckenridge TX 76424 ~ .. TITLE ;17 /LS/DOC::C- ATTEST: :1 1 ~~-uill Date AUTHORIZATION Approval Date: (p -I 'f ..__ l { OFFICIAL RECO RD CITY SECRETARY fT, WORTH, TX CE RTIFICATE O F INSURANCE TO : C ITY OF FORT WORT H Date; NAME O F PROJEC T: P ark Improvements at Quanah P arker P ark PROJECT NUMBER : C 282-54 1600-801920152480 IS TO CERTIFY THAT: Raydon, Inc. is, at t he date of this certificate, Insured by th is Company with respect to th e business op erations hereinafter descri bed, for th e type of insurance an d accordance with provisions of th e standard po licies u sed by th is Com pany, an d furt her hereinafter descri bed. Exception s to standard po licy noted on reverse side hereof. TYPE OF INSURANCE Po li cy Effective Ex pires Limits of Lia bility Worker's Compensation Comprehensive General Bodi ly Injury: Liability Insurance (P ublic Ea. Occ urrence : $ Liability) Property Damage: Ea. Occurrence: $ Bl astin g Ea. Occurrence: $ Co ll apse of Building or structures adjacent to Ea . Occ urrence: $ --- excavations Damage to Undergroun d Ut ili ti es Ea. Occurrence: $ Builder's R isk Comprehensive Bodi ly Injury: Automo b ile Lia bility Ea. Person: $ Ea. Occ urr ence: $ Property Damage: Ea. Occurrence: $ Bodily Injury: Contractua l Liability Ea. Occurre nce: $ Property Damage: Ea. Occurrence: $ O ther Locations covered:----------------------------------- Descript ion of operation s covered:----------------------------- The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancell at ion. Where applicable local laws or regul ations require mo re than five (5) days actua l notice of change or cancellation to be assured, the above po licies contain such special req u irements, either in the body thereof or by app ropriate endorsement thereto attac hed. The City, its officers, employees and servants shall be endorsed as an ad ditional insured on Contractor's ins urance po licies excepting emp loyer's liabi lity insurance coverage un der Contractor's worker's compen sation ins urance po licy . Agency Insurance Co.: ------------ .,_F""'ort,__,__W'-'--"'o.,_,rt=h...,_A..c.g:,.,ee.:.n:c:.t ______________ By ___________________ _ Address Title ------------------------------------ CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V .T.C.A Labor Code Section 406 .096 (2000), as amended , Contractor certifies that it provides workers ' compensation insurance coverage for all its employees employed on city of Fort Worth Department of Engineering No. 6457 and City ofFort Worth Project Number C282-541600-801920152480 7 Title STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared "/)A.rrL/( Skks, known to me be the person whose name is subscribed to the foregoing instrument, and ackn~edged to me that he executed the same as the act and deed ofRaydon. Inc. the purpose and consideration therein expressed and in the capacity therein stated. -~~~~;·;,-... ~... RICK RILEY l~ "'i (• *] MY COMMISSION EXPIRES FEBRUARY 16, 2015 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) Raydon, Inc. as Principal he~ein,_ and (2) Con-1-ta enW {!_aJ u11 /~ 0.tJ.., a corporation organized under the laws of the State of (3) LJ/11UO rs , and ho is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of: One Hundred Seventeen Thousand Four Hundred Fifty-two and 20/100 ......................................... . Dollars ($117,452.20) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present. JUN 14 2011 WHEREAS , Principal has entered into a certain written contract with the Obligee dated the __ of _____ .._2 ___ 0 ___ 1 ___ 1 a copy of which is hereto attached and made a part hereof for all purposes, for the construction of: Park Improvements at Quanah Parker 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. ~ ~--. (SEAL) Witness as to Principal ATTEST: BY: ~~~~~4~'M'!::!._ Title: i)f~, /.}c:71: C- PO lox 671 Breckenridge, TX 76424 ~Dn+, 11 etik) Ca s u..r,df-rt Cb o . Surety BY a/JOM;?;UJ <2.&uL Secretary Name: /Jot,fl{6...J /l.ee,6 (!,,. (Attorney-in-fact) Address: if@i~ "rx~~1::~ _Jelephone Number:JiolS::· fo(j':;, WJ- ~,1~9-Witness as to Sur~ NOTE : (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by 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 OFT ARRANT § That we (1) Ravdon, Inc.as Principal herein, and (2)Qon+to en.J--t l C11Jua I~ Oo a corporation organized and exi sting under the laws of the State of (3) ...t-1 j io O 1'.s , as surety, arn~ld and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein , in the amount of One Hundred Seventeen Thousand Four Hundred Fifty-two and 20/100 .......................................... Dollars ($117,452.20) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors , administrators, successors and assigns , jointly and severally, firmly by the se presents: WHEREAS , the Principal has entered into a certain written contract with the Obligee dated J.Ulli£ 11 of 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 I mprovements at Quanah Parker Park 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 Go vernment 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. JUN 14 2011 SIGNED AND SEALED this __ day of 2 011. ATTE (SEAL) ~~ Nam~l>ttrrecr ~i.-.S Title;12.r-&".,G//)~ POBox671 c~~ Breckenridge, TX 76424 Witness as to Principal ATTEST: - Secretary NOTE: 1. Correct name of Principal (Contractor). 2. Correct name of Surety. 3 . State of incorporation of Surety. Name: -_/J_OiJ..n.JLL _l<_e~es_e. __ _ Atturney in Fact Address: .,300S' So . l/e£~Wa1 /Jb~le ,u ,1 TX 1~6od- Telephone Number: s.~0 · O q S -()~ d- 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. MAINTENANCE BOND THE ST ATE OF TEXAS § COUNTY OFT ARRANT § KNOW ALL MEN BY THESE PRESENTS : n . {l{lj()fl Ifft c D · That Raydon. Inc.(Contractor), as principal , and t)f/hlJ~f2t(J) , a corporation organized under the laws of the State of Xi-, (Surety), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City'') in Tarrant County, Texas the sum of One Hundred Seventeen Thousand Four Hundred Fifty- two and 20/100 .......................................... Dollars ($117,452.20) lawful money of the United States , for payment of which sum well and truly be made unto said City and its successors , said Contractor and Surety do hereby bind themselves, their heirs , executors , 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 --~ay 90N J j 2~ 11 . 2011 copy of which is hereto attached and made a part hereof, the performance of the followmg Mescnbe pu he improvements: Park Improvements at Quanah Parker Park the same being referred to herein and in said contract as the Work and being designated as project C282-541600- 801920152480and 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 __ day of AD. 2011. ATTEST: (SEALl~ C -:;_J C\c--Secretary( ATTEST: (SEAL) -, By~Jlt,-~~:~:f/Jr~ .~~ • /"eN..t>~t= Clo11+/ae I) Ja-L C! as ua I i'1 (!o. Surety BYri)a,k{.flla) ~fiL -Name: Oo11 rJ a -,1 /!..e_p Se_. Title: ,4-Hor II&.,, -I AJ -j (}. (! /-, IJOJ@S-Go. Jlea.daw0 /JhiJ &1 e ,_IX_ 7 tf 6 o ?---__ Address 1 -. POWER OF ATIORNEY APPOINTI G INDIVIDUAL AITORNEY-IN-FACT Know Ah Men By Thse Presents, That Continental CIISUAlty Comp1111y, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insuranct company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called .. the CNA Companies"), arc: July organizc,d and existing insurance companies havin,;; their principal offices in the City of Ch,cago, and State of Jllinoi~ 1111d that they do by virtue of the signatures and seals herein affot.ed hereby make, constitute and appoint Connie Wright, Steve Senter, Tammy Cbristall, Teresa Nett. Miles WIiiis, Ruby Kemp, Pbyllis Hollenbeck, Donna Reese, Peter Lauve, Michelle Robbins, Individually of Abilene, TX , their true and lawful Altomey(s}-in-F~1 with full power wid authority hereby conktred to sign, seal and execute for and on their behalf bonds. undertakwes and oilier obligatory instruments of similar nature • In Unlimited Amounts - and lo biod thttn thereby IIS fully and to lhe Sllllle ex:tent as if such instruments w= Signed by a duly authori:zed Officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse herco[. duly adopted , as indicated, by the Boards of Directors of the insurance: companies. I• Witness Wllereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 24th day of August, 200J . Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania · Senior Vice President State of Illinois, County of Cook, S5: On this 24th day of August, 2()()1), before me personally came Jacquelyne M . Belc~tro to me known, who, being by me duly sworn, did depose and :soy: that she res id~ in the: City of Chicago, State of Illin~; that she is a Senior Vice President of Continental Casualty Company, lll1 Illinois insurance company, National Fin: Insunwe<: COlllpWly of Hartford, an Dlinois insurance company, 1111d American Casualty Company of Reading, PcllJlsylvania. a Pennsylvania insurance company described in and which executed lhe above instrument; that she knows the seals of said insurance companies; that the scab affix.ed to the said instrument arc &uch corporate seals; that they wei-e .~ aft"O(cd pursuant to authority given by the Doards of Directors of said iosurllf!ce companies and that she signed her name thereto pursuant to lilce authority, and aclcnowlcdges same to be the act and deed of said insurance companies . My Commission Expires September 17, 2013 CERTIFICATE [. Mary A. Ribikllw~. Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insuranoe Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Penosylv1111ia. 1 Pennsylvania insurance compwiy do hm:by certify rhllt the Power of Attorney herein above set forth is still in force. and funher certify Ihm the By~Law and Resolution of the Board of Directors of the insurance companies printed on the reverse ncreof is still in fon:e. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this_ __ day of_ 'JUN 1 4 2++0+11t--- Forni .F6853-S/2009 Contincntal Casualty Company National Fire Inswance Company of Hartford American Casualty Company of Reading, Pcrutsylvania --. Authorizing By·Laws and Resolutions ADOP'TED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: Thi~ Power of Attorney i., m..Jc ml exc:cuttxl pursuant to and by nuthaity o(du: follow:in, By-L;iw duly adopted by !he Bomnl ofD.irectots of the Company. "Article IX--E:xecutloa or Documents Section J. Appointment of Attorney-in.fact. The Chairman of lhe Board of Directors, the Pn:liident or any Executive, Senior or Group V'"ia: President may, from l.illU! lo time, appoint by written certificates ettomeys-in-f.act to act in behalf of the Company in the exeaition of policies of in,uranoe, boods, underwtings and other obligDlory instruments of like nature:. Such auornc:y3•in-fact, subject to the limitations set forth in their ~spective certificates of auchority, shall have full power lo bind the Company by !heir $ignliture 1111d execution of any such insttumcnts ll!ld lo attac:h lhe seal of the Company lhererto . The Cllai.rman of the Board of Di.N,ctor,, the Pre3ident or any Executive,-Senior or Group Vice Presldclll or the Board of Din:Clurs, m.iy, at any time:, ro,,okt cill power Alld AUlhority previous¥ given to my IIUomc,y•in-fact." This Power of Attorney is signed and scaled by facsimile under and 11 the authority of the following lesohrtiou adopted by the BoardofDircctors of the Company Ila meeting <lily cnllcd mtd held on the 1,-day off'c:tin-y, 19'J3. "Resolved, that the signatun: of the President or any Executive, Senior or Olwp Vice President and the seal or the Company may be affixed by facsimile on any power t>f 11t1urnc:y granted pursuant 1o Seaion 3 of Article JX of the By -Laws, and the ~ignatun: or lhe Secretary or in Assistant Sccrewy and the seal of the Company may be alflxed by filcsimile to any certificate of any such powi:r 1111d any power or cenificatJC be:uing such facsimile signature and seal shall be vii.lid 1111d binding on the Company. Any sucb power so executed IIOd scaled and certified by certificate so executed and scaled shall, with l'tfspect to any bond!# undertaking to whicla it is attachl".d, contin1JC to be valid and lindin& on Ille Company." ADOPTED BY TIIE BOARD Of DIRECTORS OF AMERICAN CASUAL TY COMPANY OF READING, PENNSYLVANIA: This Po\ffl' of Attorney is made IIOd executed pursuant to and by authority of the following By-Law duly adopted by the Board of Dire11ors of the Compaoy. "Article VJ.---E1ecution or Documents Section 3 Appointment of AUOl'l'ley·in-fact The Chairman oflhe Board ofl>iRc:ton. lbe President or any Executive or Senior Vice President may, from time: to time, appoint by written ocrtifu:alcs attorneys-in-mt IO act in behalf of the Company in the execution of policies of il'ISUl'UCe, bonds, undertwnp 111W otlu:c obligarory instruments of lilcc nature. Such 11ttorncys-in-fact, subject to the limitatiol!ll set forth in their respective certificates of authority, shall have full power to bind 1he Compmy by their signature and execution or any such instruments and to attach !he seal of the Company thereto. The President or any E.xtc:utive, Senior Vice Pn!sident or the Board of Directors may at auy time revoke all power and authority previously given to any attomey·in· fa<:1.'' This Power of A.ttomey is signed and sealed by facsimile 1Uldet-and ~ the authority of the following .Resolution adopted by the Board of Directors ofthe Company at a meeting duly called and held on the 11"' day of Febnlary, 19'J3. "Rc,olvcd, that tbe ,ipatun: of the Pre11ident or all)' F.xecutive, Senior or Group Vice President and the seaJ of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the siiIJ~ of the Secretary or M AJ;si.unt Sem:tary and the seal of lbe Company may be affixed by facsimile to any ec:rtificate of any :MM:h power 1111d any po~ or certificate bearing such facsimile sisnllWR and seal sbllll be valid and bindinK on lhc: Company. Any such power ,o executed and scaled and certified by certificate so executed and sealed shall, with respect to any bond or Ulldertaking lO which it is attached, continue to be valid and linding on the Cmip1111y ." ADOPTED BY 11JE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY Of HARTFORD: This Power or Attorney is made and c:xcaucd pursuant to and by authority of the following By-Law duly adopted by lbe Board of .Directors of the Company . "Article Vil-Execution ofDocumeats Section 3. Appointmc:nl of Attorney-in-Fact. The Cbaimlan of the Board of Directon, the President or any Executive or Senior Vice President may, from time to time, appoint by written certificates artomey~in-fact to m:t in behalf of the Company in the execution of policies of imumice, bonds , undcrtaltinga and othc:r obligatory instrwnents or like nature. Such attorney,-in-fla, subject to the li.mitDtiooa set forth in lhc:ir respective omificatcs of authority 1ball bim: full power to bind the Company by their si1111~ and ~ecution of any such imtrumcnts and to attach the llC1l.l of the Company dierctt>. The Chairman of the Boanl or DiR:cton, the ~sident or any Executive, Senior Vice President or the Board of Direc«in, may. It any time, revoke 11! power and aucbority pre-,!Ously given to any attorney-in-fact."' 'lbia Power of Auomcy Is signed end SCllled by facsimile under and i, the lllllhority of~ foll~ R,,olution adop1..d by the Board of Directors ofthe Company at a meeting <laly called .id he1don the 11' day of February, 1993 • .. RESOLVED: Thal the signature cf the President, an Exccueive Vice Pn:sident or llllJ' ~ior OI' Group Ville Prc3idcnt 111d the ~ta! ofthe Insurance Company may be affixed by facsimile on any po,m-of attorney granted plll3Ulllt to the Resolution adopted by this Board of Dircetors on February 17, 1993 md the sign•~ of a Secretary or an Asmtaut Secreta,y and the seal of the Insurance Company may be affoo:d by fac8imilc to any certirl(;atc of 1111y such powm, and any power or 1:ertifica&e bearing such facsimile signatuco and seal shall be valid and bindina 011 the lnsunmcc Company. Any such power so exocutcd Ind sealed aud "rtified by oertlficalo so execubld and sealed, 'Shall with R;spcct to llllY bond or undettaklng to which it i! Lltached. t:00linue to be ¥alid and binding on the (n&unnoe Ccmpany.''