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HomeMy WebLinkAboutContract 39984 TY SECRETARY SPECIFICATIONS CONTRACT NO. AND CONTRACT DOCUMENTS FOR TASK ORDER STREET LIGHT CONSTRUCTION SERVICES AT VARIOUS LOCATIONS CITY WIDE IN THE CITY OF FORT WORTH, TEXAS 1 TPW PROJECT NO. TPW—TS-2009-002 FEBRUARY 2010 MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER JESUS CHAPA, DIRECTOR HOUSING AND ECONOMIC DEVELOPMENT CYNTHIA B. GARCIA, ASSISTANT DIRECTOR HOUSING AND ECONOMIC DEVELOPMENT PREPARED BY HOUSING AND ECONOMIC DEVELOPMENT TRANSPORTATION AND PUBLIC WORKS DEPARTMENT i J •... . , r.. AQ ,,� of I Oao� M&L xeview Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII COUNCIL ACTION: Approved on 2/9/2010 DATE: 2/9/2010 REFERENCE •*C-24077 LOG NAME: 17STREET LIGHT INSTALL NO.: SECONDARY CONTRACT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Agreements for Street Light Installation Services Citywide With Forcecon Services, LLC, and MasTec North America for an Amount Not to Exceed $500,000.00 Each (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize agreements for street light installation services with Forcecon Services, LLC, and MasTec North America for an amount not to exceed $500,000.00 each; and 2. Authorize these agreements to begin February 9, 2010, and expire February 8, 2011, with options t, renew for two additional one year periods. DISCUSSION: On February 2, 2010, the City Council awarded, through M&C C-24068, C&S Utility Contractors, Inc., agreement to serve as the City's primary contractor for the installation and removal of street lights thro the City of Fort Worth. M&C C-24068 also stated that two contractors would be selected from the remaining bidders to serve secondary contractors for the City. Task orders will be requested and are contingent upon the availabi funds and the availability of each of the contractors. This bid was advertised in the Fort Worth Star-Telegram on January 6, 2009, January 13, 2009, Janu:< 2009, and January 27, 2009. Over 150 vendors were solicited from the Purchasing database. On Jant 2010, the following responsive proposals were received and are ranked from lowest to highest bid pric 1 Bidder Name A j C&S Utility Contractors, Inc. $707 Forcecon Services, LLC $811 MasTec North America $969 J Roderick Lee Electrical Contractors, Inc. $1,184 Highway Intelligence Traffic Systems Corp. $1,211 MelsElectric, L.P. $1,355 Finway, Inc. $1,525 MICA Corporation $1,571 Independent Utility Construction, Inc. $1,360 J Gardner Telecommunications, Inc. $1,764 The Transportation and Public Works Department (T/PW) evaluated the bids and concluded that the t: 1 submitted by Forcecon Services, LLC, and MasTec North America presented the second and third lore http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13110&councildate=2/9/2010 3/15/2010 ivimt- Keview Page 2 of 2 bids. ICity staff recommends that the City enter into agreements with Forcecon Services, LLC, and MasTec America to serve the City's secondary contractors based upon their submission of the second and thir 1 lowest bids. M/ BE - Forcecon Services, LLC, and MasTec North America are in compliance with the City's M/WI Ordinance by committing to five percent. The goal for this project is five percent. RENEWAL OPTIONS - Each Agreement may be renewed for up to two additional one year terms at tt City's option. This action does not require specific City Council approval provided that the City Council appropriated sufficient funds to satisfy the City's obligations during the renewal term. This agreement will benefit ALL COUNCIL DISTRICTS. FISCA -- I L _INFORMATION/CERTIFICATI.ON: The Financial Management Services Director certifies that funds are available, as appropriated, of the participating departments. TO Fund/Acco nt/Centers FROM-Fund/Account/Centers Submitted for City Manager's Off ce_b� Thomas Higgins (6192) Originating-Department Head_ Jay Chapa (5804) Additional Information Contact; Andrew Rhodes (7338) ATTACH-MENTS TH Project.pdf J 1 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13110&councildate=2/9/2010 3/15/2010 TABLE OF CONTENTS PART A Instructions to Bidders PART B Proposal Vendor Compliance to State Law Conflict of Interest Disclosure Requirement M/WBE Forms PART C Special Provisions PART D Specifications PART E Certificate of Insurance Contractor Compliance with Worker's Compensation Law Experience Record Equipment Record Maintenance Bond Performance Bond Payment Bond PART F Contract PART A Instructions to Bidders 1 j CITY OF FORT WORTH PURCHASING DIVISION INSTRUCTIONS TO BIDDER 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. ' 2.0 EXPLANATIONS OR CLARIFICATIONS Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. Requests for explanations or clarifications may be faxed to the City at(817) 392-8440. The fax must clearly identify the Buyer's name and solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 3.0 PRE-BID CONFERENCE tIf a pre-bid conference is held, the time, place, and nature of the conference will be specified on the cover page of the solicitation. Attendance at pre-bid conferences is not mandatory. 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. ' Bids submitted on other than the forms included in the Solicitation shall be considered non- responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 4.2 Brand Name or Equal: If the Solicitation indicates brand name or"equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal"remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2 Pricing shall be entered on the Bid Sheet in ink. 4.5.3 Totals shall be entered in the"Total Price" column of the Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security: If a bid security is required for this purchase, the requirement will be reflected in the"Specification" section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted, and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or 4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.8 Alternate Bids: Bidders may offer an "equal" product as an alternate bid. Final "approved equal" determination remains with the City. 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 4.92 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. 4.9.3 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 4.10 Bid Preparation Costs: All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 4.11 Payment: All payment terms shall be "Net 30 Days" unless specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at hftD://www.fortworthgov.org/purchasing/achpayments.htm. 5.0 SUBMISSION OF BIDS 5.1 Copies: Unless otherwise specified, Bidders are required to submit an executed original and one(1) copy of the Bid. 5.2 Documents required with Bid: The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 The signed Offer and Award Sheet; 5.2.2 The Bid Sheet; and 5.23 Any other document included in the Solicitation requiring completion or execution by the Bidder. 5.3 If a Minority and Women Business Enterprise (M/WBE)goal has been established on the bid, the applicable documents must be submitted five(5) City business days after the bid opening date, exclusive of the bid opening date. The Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 5.4 Addendum: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. The Addendums containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name, address, the Solicitation number, and the Due Date and time. 5.5 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder. ' 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writing, telegraphically, or by facsimile (provided that the facsimile is signed by the Bidder)at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall confirm the time and announce the Bid opening. The representative shall then personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantageous. 8.2 Award: The City will award contracts to the bidder who offers represents the"best value" to the City, price and other factors considered. 8.2.1 The following criteria may be considered to determine the best value (see section 252.043 of the Texas Local Government Code): 8.2.1.1 Purchase Price; 8.2.1.2 Reputation of the bidder and of the bidder's goods or services, 8.2.1.3 Quality of the bidder's goods or services; 8.2.1.4 Extent to which the goods or services meet the City's needs; 8.2.1.5 Bidder's past relationship with the City; 8.2.1.6 Impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities; 8.2.1.7 Total long-term cost to the City to acquire the bidder's goods or services; and 8.2.1.8 Any relevant criteria specifically listed in the request for bids or proposals. 8.2.2 Total long-term cost may include specification conformance, delivery ' requirements, the life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, warranties and other factors contributing to the overall acquisition cost of the product/services. 8.3 Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. 8.4 Reservations: The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 8.4.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 8.4.6 Add additional terms or modify existing terms in the Solicitation; 8.4.7 Reject a bid because of unbalanced unit prices bid; 8.4.8 Reject or cancel any or all Bids; 8.4.9 Reissue a Solicitation; 8.4.10 Procure any item by other means; and/or 8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 9.0 POST-BID DOCUMENTS REQUIRED FROM SUCCESSFUL BIDDER 9.1 Certificates of Insurance: When insurance is required, the Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.2 Payment and/or Performance Bonds: When Payment and/or Performance Bonds are required, the Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.3 Minority and Women Business Enterprise(M/WBE) Documents: If an M/WBE goal has been established for the bid, the applicable documents must be submitted within five (5) City business days after the bid opening date, exclusive of the bid opening date. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 10.0 FEDERALLY FUNDED WORK ORDERS ' 10.1 If a work order is assisted in whole or in part by any federal funds, the project will be subject to but not limited to the following federal regulations: the Davis-Bacon Act(DBA), Copeland Act, Contract Work Hours Safety Standards Act(CWHSSA), and the Fair Labor Standards Act(FLSA). 10.2 If a work order is assisted in whole or in part by any federal funds, the project will be subject to a Disadvantaged Business Enterprise (DBE)goal. Revised September 6, 2006 FART WORTH r STREET LIGHT INSTALLATION SERVICE AGREEMENT BID 8.09-0291 BID CLOSING DATE: January 28,2010 1:30 PM Date: 01/20/2010 Addendum:-101 Due Dab:January 28,2010 1:30 PM Change bond requirement threshold from$25,000 to 550,000 due to the statulpry amount for the requirement for payment bond for a muniaipanty increased to$50,009 elfective September 1,2009. The fatbwing changes are made to Page 8 of the Bid Packsge. t1.2 Bond Requksments The Contractor agrees, upon the execution of this Contract, and before beginning work,to malW execute and deliver to City of Fort Worth the f0dorwing bonds in the ' name of the City of Fort Worth In a sum equal to the amount of ft Contract, The form of the bond shad be as herein provided and the surety Must 11M be acceptable to the City of Fort Worth. AN bonds furnished hereunder shad meet the requirements of Chapter 2253 of the Texas Government Code, as mended. 1 If the total contract price is$54000 or Iwo, Payment to contractor shad be made in one t the made for a period of 45 calendar mP sum shalt not be days 1Y+orrr the dabs the work has been completed and accepted by the Owner. B. If the contract amount is in excess of$50,000, a Payment Bond 1 shad be executed, in the amount of the Contract,solely for the Protection of all dairnants supp"labor and material in the prosecution of the work- C. If the Contract amount is in excess of$100,000,a Perkrmence Bend shad be executed, In the amount of the Contract conditioned on the faithful pertomuwm of the work In WcOftnce with the Plans, Speci iCations, and Contract Docurrwft Said bond shall solely be for the protection of the Owner. D. A Two-year Maintenance Bond In the name of the Owner is required for all projects to Insure the prompt, foil and faditfuf Prtco of the general guarantee cxudained In the Contract Documents. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Yours Truly, le, Purchasing Manager Bid 09-0291 Street Light Im taltatlon Service Agrawnent ADDENDUM Page 1 of 2 FoRTIVORTH STREET LIGHT INSTALLATION SERVICE AGREEMENT BID S.09-0291 BID CLOSING DATE: January 2a,2010 1:30 PM ACKNOWLEDGMENT By the signatures affixed below, Addendum No. 01 is hereby Incorporated into and mace part of the above referenced Invitation to Bid. Receipt Acknowledged By: LL, , L c� Company Name A pay ' NOTE: Company name and signature must be the same as the original bid. Return original to the Purchasing Divisk^City of Fort Worth,Texas prior to submit{af or with your sealed bid. FAILURE TO DO SO MAY CONSTITUTE GROUND FOR REJECTION OF YOUR OFFER. r t Bid 09-0291 Street Light Installation Service Agreement ADDENDUM Pap 2 of 2 PART B Proposal Vendor Compliance to State Law Conflict of Interest Disclosure Requirement M/WBE Forms J 0 111 ® , Y�±s!� .►� r f.*.' •. ( ® i p :11, pC 1�-;��:��-�n-zc+��r�yeic�r.*.:�:�r^-+1�■ p loom pC+_^1";O►"^���rc�r��r*-r+���■S.# ,� 0 ►� ©C•r+:^:1i"�il;!�f1^..i.Y f„'^�ilY`.i:►','aR'•�I�r��i'�''�// �/ amo 4 Rp Il,t pc. OAM17M MA"570 >> � .i.l! pC•��'~.•'��r-�„�---�r-��r•;r �r*^.�pf��I�r'%�L*� i1. ® (�i. p��'S 7"!�i'�t1�'!"Tf t,"'(i.""T'�(ir:1:►+`I�",!''11 ® 11 C "`75: mW,r m�A FRO/ "M Alf r a psm Cs? T ,1 r _ 1.T*'�dtT"�? MW j,/F � ICI j'f mca Q, ��3�C 'R�► --� '�`.. '"11�:'71i�>�af"",;�M-"Ir��Wtlff4>i! -Vjs log r^ t WiI Sim r'',i, ►_a 1a , 1 REMOVALOF 1 1�: - • PA.,M ,t 7 Ems 7r"'7pE.tL ..>r 1 REMOVALOF 1 1 MISCELLANEOUS — I Moo Page 1 of 1 BID SOLICITATION Printed:01/13/2010 BUYER:David Weeks PHONE#: (817)392-8321 exL DELIVERY REQUIRED: Venda Name _ City of Ft Worth ' Address: — # HOUSING ADMIN 908 MONROE ST 4TH FL City,State Zip Code: FORT WORTH TX 78102 f, Item Claee-Item Quannt Unit Unit Prins Total 1.000 This agreement is for the Installation of street lights in residential areas, along arterial roadways or an or under bridges. The main focus will be on the Terrell Heights Neighbodhood project but work may be assigned in otter locations throughout the City. 2.000 Installing materials and equipment necessary to complete the street light 300 EA Con of at locations as set out In the Terrell Heights area per Project orcfins Codinator directions. L 3.000 instating materials and equipmerd necess ry to complete the street tight 300 EA 1 construction at lacatiara as set out in the task order in other parts of City (not Terrell Heights) ' TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS CUOTED AT THE PRICES SHOWN.OUOTE MUST BE HELD FIRM FOR PERIOD OF 80 DAYS. WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOT®AT PRICES SHO K QUOTE MUST BE HELD FIRM FOR PERIOD OF 80 DAYS. TERM OF PAYMENT: COMPANY: / , C .L DELIVERY: SIGNATURE: I TELEPHONE NUMBER: �4� y _g`�) NAME AND TIRE; � V ►+e f F0 u At ADDENDUM PAGE 10F 1 Title of bid STREET LIGHT INSTALLATION SERVICE AGREEMENT BID #09-0291 Date: 01/2S/2010 Addendum: # 2 Due Dats: 01/28/2010 Please note change to Bid Sheet table. Total price(sum of all items)has been added to document. See attached sheet. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Yours Truly, rJack Dale, Purchasing Manager ACKNOWLEDGMENT By the aigrraturae aflbaad bsiew,Addendum No. 02 Is hereby Ineorporated Into and made part of the above referenced fnvitMbm to Bid. Receipt Acknowledged By: Company Name Au�JL4 Date NOTE: Company name and sfgnatur!must be the same as on the original bid. Return original to the Purchasing DtvhdM City of Fort Worth,Texas prior to submit W or with your aesled bd.FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR OFFER CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL BID This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act, i The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within one calendar year from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction'as established by the City of Fort Worth,Texas. Within ten(10)calendar days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract Documents for the faithful performance of this Contract. The attached bid security in the amount of 5%in the sum of Dollars (S ) is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. The Bidder agrees to begin construction within 10 working days after issue of each task order, and to complete the contract within reasonable time as agreed upon with the project engineer after beginning construction as set forth in the written work order to be furnished by the Owner. (Uwe), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have b=taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) ' Addendum No.3 (Initials) Addendum No.2(Initials) ; Addendum Yo.4(Initials) Respec �lly ubmitted- l By: I Title: Contractor: r Address: Telephone: (SEAL) Date J VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident ' bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State),our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: Fw-c.E�,,-4>3Pv1I By: (Please print) LJ (�r_C �L Signature: _ — Title: AnIW�I�I /°f112T�(/C3'L city S&to Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION FoRCECON S.n►kM uc 5525 Egg Fans Rood„Suile 2800 KoI w Tex=76244 Phone(817)7414120 ' Fax(817)7414126 The undersigned affirms that Forcec on Services, LLC is not listed on y federal state � or I list of debarred, suspended or ineligible contractors and guarantees. Signature Print Name Title State of Texas County of Tarrant tThis instrument was acknowledged before me on by as LOIJ dlik- ;p for jj:"1 U:c - personally known. Given under my hand and seal of office this day of -.rAaL4jqj2c, , 2010. E1t8IVMiWI E11 ,Nowy S of WICOM FoRCECON smices, uc 5525 Egg Faun Rood,Suds 2800 Keller,Texas 76244 Phone(817)741-8120 ' Fax(817)741-8126 The undersigned affirms that Forcecon Services, LLC complies with the Department of Fair Labor Standards Act and meets all equal employment, affirmative action, and non- discrimination regulations. ,1 r9 '�i k Signature Print Name Title State of Texas ' County of Tarrant This instrument was acknowledged before me on by MIAUJLI as_M !^All &ZYJ& for 1lt' T LI,4 personally known. Given under my hand and seal of office this day of OUFor 2010. wee `. W� ElleaWard,Notary Pu rA Sb"of Texas Ap14 MU CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire refleefs ahane"met to the law by H.Y. 1411, "M Lee., MOVAW teeskm OFPP=L it>W This questionnaire is bent filed in accordance with Chapter 176,Local Government Code Dow aawred by a Persian who has a business relnitionship as defined by Section 176.001(1-a)with a local governmental entity and the person meet requirerrtartb tender Section 176.006(a). BY law this questiorxtave mud be fled with the records ack ne dati ator of ft local govertvtw>mt entity not later than the Tth business day alter the date the person becomes aware of facts that require the staternertt to be filed. See Section 176.008,Local Govoini tent Code. A person oommits an offense if the person knowingly vioytes Section 176.008, Local Government Code.An offense under this section 18 a Class C misdemeanor. 1 Nam of person who has a bualneaa relationship with local governmemal entity. R. T ❑ Check this box If you are filing an Wdale to s pawlousty filed queelonnaire. (The law requires that you file an updated completed questionnaire with the approprtete tiling authority not later than the 7th lwiness day SRer the date the originety tiled questtonnairo bed WmrVAU or Inaecctrate.) Name of IoW government afflrt+tr with whom filer has wrtpipyntettt or Duggeq rNaUcinship, Name of Officer This section (Itern 3 Including subparts A, a. C 3 D) must be com~for each offker with whom the flier has an empleynwrtt or other business relationship as detlned by Section 1715.001(1-8).Local Governmem Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable incomes,other titan rrvestmwtt Income.ttom the leer of the queettonnews i ' Q Yes Q NO B. Is the tiler ofth0quostionnaft receiving or likely to receive tazabis Income.other titan investment income,hom or at the direction of the local government officer named In this section AND the taxable {novena Is not received from the focal govtmmentat entity? = Yes No C. Is the filer of this questionnaire employed by a corporation or otter business entity with respect to which the local government of w serves as an offlew or director: or hoids an ownership of 10 percent or more? = Yes = No D. Dssaibe each •MPk)YMWVt or hMkese relationship with the IoW govwnhw nt oftiow named in this section. l 1 y 4 , S+ ftft of Person doi g twsins 6 wRM,the go rommenad entity Dale Adopted 06/29/2007 Bid 09-0291 Street Light Installation 67 of 68 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local governmental entity Page 2 Nam of local government officer with whom filer has affBitation or business rsledonship. (Complete this section only if the answer to A.a,or C to YES.) This section. item S Induding subparts A. S. C 3 D. must be completed for each offcer with whom the Ater has aAf 4rum or business relationship. Attach addtilond pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the titer of the questionnaire? = Yes Q No B. Is the Afar of the questionnaire receiving or likely to receive taxable Income from or at the direction of the fto gowmment officer named in this section AND the taxable Income is not Aom the Wa1 gowR+m•mef entity? Yea No C. is the flier of this questionnaire afiGlabld with a or other as an officer or director.or holds an Ownership fcor 10r ton business Y thst the local government officer serves P percent or more? Yes = No D. Describe each afAliatlon or business reistionship. ' 8 Describe any other a rWation or business relationship that might cause a conflict of Interest Signattue of person dowV wm,Me 9ovemmenta ermty tote Sid 09-0291 Street Light Installation 68 of 68 z o LU 0 1 19 3:,j: E I I I J CL CL gig cl .9 cx Lu 13 ml twb* 75 lu 0. 01. d 's W . 0 46 .0 L9 I" '... I I'm 40 FAN tx JIM c Im F -via o so cc, C. a C r .. a 0 w 10 c J.2 Z m stiff 0 01 uls U. c 3k. 0 V .09 4 J. LI ILZ i A .0 LI zo: -30 Me E aq 0 a V LLI S Sul In Lu m =20 M LIG 0% go La C, C4 C Lt. -C 9 Z Z cr, a 41 I-- 1.- 00 0 W W ii n CL CL 'm 6A COL .0 0. O l ; �► .. ► Il N$ �.. I III ► I ,� $ II } c� �- c32111 a. W CL P � � Io 0 LL 4n gj Cz o g o o W W cz LU Cal a of M �NM w ♦ � V � � $ 8'C2 1� Q 9L 4 9 cc �� d tu �IL LL PART C Special Provisions 1 l l- 1 1 1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1 SCOPE OF WORK....................................................................................................SP-4 2. AWARD OF CONTRACT..........................................................................................SP-4 3. PRECONSTRUCTION CONFERENCE.....................................................................SP-4 4. EXAMINATION OF SITE ..........................................................................................SP-5 5. BID SUBMITTAL .......................................................................................................SP-5 6. WATER FOR CONSTRUCTION.................. ....... ....................................................SP-5 7. SANITARY FACILITIES FOR WORKMERS..............................................................SP-5 8. PAYMENT.................................................................................................................SP-5 9. SUBSIDIARY WORK.................................................................................................SP-5 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC.................... ................... ..........................................................SP-6 11. WAGE RATES........................................................................... ..............................SP-6 12. EXISTING UTILITIES....................................... ............... ........................................SP-7 13. PARKWAY CONSTRUCTION.................................................. ................................SP-7 14. MATERIAL STORAGE... ............................................... ..........................................SP-7 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS.............................................................................................SP-7 16. INCREASE OR DECREASE IN QUANTITIES...........................................................SP-8 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS..................................SP-8 18. EQUAL EMPLOYMENT PROVISIONS .......................................................... ..._SP-8 19. MINORITY AND WOMEN$ BUSINESS ENTERPRISE (M/WBE)COMPLIANCE.......... ........... ............................... ........... ........SP-9 20. FINAL CLEAN UP ...... ....................... ....................... ............................................SP-10 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW........ ....... ............................... ........... ....... ..............._SP-10 22. SUBSTITUTIONS......................................................... ....... ...............................SP-13 23. MECHANICS AND MATERIALSMEN'S LIEN..................... ....... .............................SP-14 24. WORK ORDER DELAY ...........................................................................................SP-14 25. WORKING DAYS ....................................................................................................SP-14 26. RIGHT TO ABANDON .............................................................................................SP-14 27. CONSTRUCTION SPECIFICATIONS .....................................................................SP-14 28. MAINTENANCE STATEMENT ...... .........................................................................SP-14 29. DELAYS .......................................................................................................SP-14 30. DETOURS AND BARRICADES ..............................................................................SPA 5 31. DISPOSAL OF SPOIL/FILL MATERIAL ..................................................................SP-15 32. QUALITY CONTROL TESTING ..............................................................................SPA 5 33. PROPERTY ACCESS .............................................................................................SP-16 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES ......................SP-16 35. WATER DEPARTMENT PRE-QUALIFICATIONS ...................................................SP-17 36. RIGHT TO AUDIT ...................................................................................................SP-17 37. CONSTRUCTION STAKES ..................... ............... ........... .................. ............SP-17 38. LOCATION OF NEW WALKS AND DRIVEWAYS .................................................SP-18 39. EARLY WARNING SYSTEM FOR CONSTRUCTION..............................................SP-18 40. AIR POLLUTION WATCH DAYS ........................................... ........... ..................._SPA 8 06/20/08 SP-1 I 1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 41. PAY ITEM - UNCLASSIFIED STREET EXCAVATION.......................................SP-19 42. PAY ITEM - 6" REINFORCED CONCRETE PAVEMENT ..................................SP-19 43. PAY ITEM - SILICONE JOINT SEALING...........................................................SP-21 44. PAY ITEM - 7" CONCRETE CURB....................................................................SP-25 45. PAY ITEM - RETAINING WALL.........................................................................SP-25 46. PAY ITEM - REPLACE EXIST. CURB AND GUTTER.......................................SP-25 47. PAY ITEM - HMAC TRANSITION ......................................................................SP-25 48. PAY ITEM - 6" PIPE SUBDRAIN........................................................................SP-25 49. PAY ITEM - TRENCH SAFETY..........................................................................SP-26 50. PAY ITEM - 8"THICK LIME STABILIZED SUBGRADE AND CEMENT FOR SUBGRADE STABILIZATION.......................................................SP-26 51. PAY ITEM - 6" HMAC PAVEMENT(THICKNESS TOLERANCES AND HMAC TESTING PROCEDURES).............................................................SP-26 52. PAY ITEM - CONCRETE FLAT WORK(CURB, CURB& GUTTER, SIDEWALKS, LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS).................................................................................SP-27 53. PAY ITEM- REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS, LEADWALKS AND WHEELCHAIR RAMPS.....................SP-28 1 54. PAY ITEM - REMOVE EXISTING CURB AND GUTTER...................................SP-28 - 55. PAY ITEM - REMOVE EXISTING CURB INLET................................................SP-28 56. PAY ITEM - 6" REINFORCED CONCRETE DRIVEWAY...................................SP-28 57. PAY ITEM - REMOVE AND CONSTRUCT CONCRETE STEPS.......................SP-28 58. PAY ITEM- 4' STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIRRAMP....................................................................SP-29 59. PAY ITEM - REMOVE AND REPLACE FENCE.................................................SP-29 60. PAY ITEM - STANDARD 7" CURB AND 18" GUTTER......................................SP-30 61. PAY ITEM - REMOVE AND RECONSTRUCT MAILBOXES/MISCELLANEOUSSP-30 62. PAY ITEM - BORROW.......................................................................................SP-30 63. PAY ITEM - CEMENT STABILIZATION.............................................................SP-30 64. PAY ITEM - CEMENT........................................................................................SP-30 65. PAY ITEM - NEW 7" CONCRETE VALLEY GUTTER........................................SP-30 66. PAY ITEM - STORM DRAIN INLETS.................................................................SP-31 67. PAY ITEM - TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN......................................................................SP-31 68. PAY ITEM - STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE)......................SP-31 69. PRE BID ITEM - PROJECT DESIGNATION SIGN...................................................SP-33 70. PRE BID ITEM - UTILITY ADJUSTMENT................................................................SP-34 71. PRE BID ITEM -TOP SOIL......................................................................................SP-34 72. PRE BID ITEM -ADJUST WATER VALVE BOX......................................................SP-34 f 06/20/08 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 73. PRE BID ITEM - MANHOLE ADJUSTMENT..................................... ....... SP-34 74. PRE BID ITEM - ADJUST WATER METER BOX................................................SP-36 75. NON-PAY ITEM - CLEARING AND GRUBBING...................................................SP-36 76. NON-PAY ITEM - SPRINKLING FOR DUST CONTROL.......................................SP-36 77. NON-PAY ITEM - PROTECTION OF TREES, PLANTS AND SOILS....................SP-36 78. NON-PAY ITEM - CONCRETE COLORED SURFACE ........................................SP-36 79. NON-PAY ITEM - PROJECT CLEAN-UP..............................................................SP-37 80. NON-PAY ITEM - PROJECT SCHEDULE.............................................................SP-37 81. NON-PAY ITEM - NOTIFICATION OF RESIDENTS.............................................SP-37 82. NON-PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION...............................................SP-37 83. NON-PAY ITEM - PRE-CONSTRUCTION NEIGHBORHOOD MEETING............SP-38 84. NON-PAY ITEM - WASHED ROCK......................................................................SP-38 85. NON-PAY ITEM - SAWCUT OF EXISTING CONCRETE......................................SP-38 86. NON-PAY ITEM - LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES.............................................................SP-38 87. NON-PAY ITEM - TIE-IN INTO STORM DRAIN STRUCTURE.............................SP-39 88. NON-PAY ITEM - SPRINKLER HEAD ADJUSTMENT..........................................SP-39 89. NON-PAY ITEM- FEE FOR STREET USE PERMITS AND RE-INSPECTIONS...SP-39 90. NON-PAY ITEM - TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL(FOR DISTURBED AREAS LESS THAN1 ACRE).........................................................................SP-40 91. NON-PAY ITEM- 'GREEN' CEMENT POLICY......................................................SP-41 92. PAY ITEM - TRAFFIC CONTROL ...............................................................SP-41 06/20/08 SP-3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: TASK ORDER STREET LIGHT CITY PROJECT NO.: TPW-T - S 2009-002 CONSTRUCTION SERVICES AT VARIOUS LOCATIONS CITY WIDE 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Construction of STREET LIGHTS and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Submission of Bids: Unit 1 and Unit II constitute a package. If the Contractor submits a bid on both Unit 1 and Unit II and has the lowest responsive proposal price, the Contractor will be the apparent successful bidder for this project. The Contractor can bid either the HMAC alternate and/or the Concrete alternate. The additive alternate must be included in any bid. Bidders are hereby informed that the Director of the Transportation and Public Works Department reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and City - City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and 06/20/08 SP-4 progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used herein, the term "Engineer" shall mean the design engineer who prepared and sealed the plans, specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non- responsive" and rejecting bids as appropriate and as determined by the Director of the Engineering Department. 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 1 "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. J 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's 1 particular attention is directed to the requirements of Item 7, "Legal Relations and J 06/20/08 SP-5 Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". } l 11. WAGE RATES: Compliance with and Enforcement of Prevailing Wage Laws Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penalty for Violation. 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. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial 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. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate J 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 j arbitrator is final and binding on all parties and may be enforced in any court of �I competent jurisdiction. J Records to be Maintained. 06/20/08 SP-6 J 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 1 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. 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. J 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. Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a)through (g) above. (Wage rates are attached at the end of this section.) 12. EXISTING UTILITIES: The locat°ons and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Engineering Department. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, 1 which may be encountered. rJ The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground. 06/20/08 SP-7 1 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item 1 quantities prior to submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be l performed or to extend or shorten the improvements at any time when and as found to j be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will l be made for any changes in anticipated profits or shall such changes be considered as J waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless.and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort l Worth public work from a Contractor against whom a claim for damages is outstanding s as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 06/20/08 SP-8 19. MINORITY AND WOMEN BUSINESS ENTERPRISE M/WBE COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine (5) city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the -� evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non- responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the J M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals 1 applicable to the work to be performed under the change order. 06/20/08 SP-9 J During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, ' 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. td. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. ' 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse ' after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include ' removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage ("Certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, OR TWCC-84), showing statutory 1 workers' compensation insurance coverage for the person's or entity's employees f 06/20/08 SP-10 1 r providing services on a project, for the duration of the project. Duration of the ro'ect- P J includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. ' e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the ' project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 06/20/08 SP-11 h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain form each other person with whom it contracts, and provide to the Contractor: ` (a) a certificate of coverage, prior to the other person beginning work on the project; and ' (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the ' duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services.. 06/20/08 SP-12 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 worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and 1 payroll amounts, and that all coverage agreements will be filed with y appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, J civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The y.� text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." Call the Texas Worker's Compensation Commission at 512-463-3642 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall 06/20/08 SP-13 J I1 have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the l acceptability of substitutions. The provisions of the sub-section as related to 1 "substitutions" shall be applicable to all sections of these specifications. 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities, right- of-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 26. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH -� STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Engineering Department and if by him 06/20/08 SP-14 J found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of J extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with the latest version of the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways" 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at 06/20/08 SP-15 1 least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required)for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 1 34. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 06/20/08 SPA 6 J (e) No person shall work within six feet of a high voltage line without protection having 1 been taken as outlined in Paragraph (c). 1 35. WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. i36. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and -� records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES: The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional J practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed, that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered 06/20/08 SPA 7 J by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38. LOCATION OF NEW WALKS AND DRIVEWAYS; The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may re-locate proposed new driveways and l walks around existing trees to minimize damage to trees. J 39. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is .� received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of Engineering, Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 1 5. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. j 40. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as ( "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the J 06/20/08 SP-18 J Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME i TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. CONSTRUCTION 41. PAY ITEM - UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. Removal of existing penetration or asphalt pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the engineer. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42. PAY ITEM - 6" REINFORCED CONCRETE PAVEMENT: (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement," shall apply. The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. 06/20/08 SP-19 J 1 (b) Once an evaluation of the pavement is made to determine whether the crack is due to distress or minor shrinkage, the following policy will apply: (1) When the crack is minor and due to shrinkage (cosmetic), then no further treatment will be needed. (2) If the crack is due to distress (structural), the failed pavement must be removed and replaced a minimum of 5 feet. In no case should the remaining portion of the panel be less than 5 feet wide after repairing the failed panel. (3) Any crack within 12 inches of any joint must be removed and replaced a minimum of 5 feet to prevent future spalling of the pavement. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. 43. PAY ITEM - SILICONE JOINT SEALING FOR CONCRETE PAVEMENT. CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH, and Item 2.210 "Joint Sealing" of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 1 06/20/08 SP-20 1 1 2.3 Self-Leveling Silicone Joint Sealant j The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint ` sealant as manufactured by Dow Corning Corporation, Midland, MI 48686- 0994, or an approved equal. Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED **** Non Volatile Content, % min. 96 to 99 MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.206 to 1.340 **** Skin-Over Time, minutes max. 60 **** Cure Time, days 14 to 21 **** Full Adhesion, days 14 to 21 AS CURED - ASTM D 412, Die Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) 3 ASTM C 719 Movement, 10 cycles @ +100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall r occur between them. Reference is made to the "Construction Detail" sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy"joints, the initial 1/4 inch width "green" saw-cut and the "reservoir' saw cut are identical and should be i part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7) days. Then the saw cuts for the joint sealant reservoir shall be made, the 06/20/08 SP-21 joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising. 4. EQUIPMENT 4.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: -� 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 4.6 Injection Tool: This mechanical device shall apply the sealant uniformly into >� the joint. 4.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 5.1 General: The joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the "Construction Detail' sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high l pressure water. The water flushing shall be done in one-direction to prevent joint contamination. 06/20/08 SP-22 1 When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) jAfter complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod and tae shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant !� application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the ' joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement J06/20/08 SP-23 material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot (L.F.) as provided in "MEASUREMENT" for"SILICONE JOINT SEALING', which price of shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. 44. PAY ITEM - 7" CONCRETE CURB: The Contractor may, at his option, construct either integral or superimposed curb. Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty(30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete. 45. PAY ITEM - RETAINING WALL: This item will consist of placing retaining walls in locations and at heights determined by the engineer in the field. All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows: Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall With Sidewalk" where applicable. All existing brick and/or stone retaining walls not significantly impacted by proposed grade changes will be protected. Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 46. PAY ITEM - REPLACE EXIST. CURB AND GUTTER: j This item is included for the purpose and removing and replacing existing curb and gutter in j transition areas as determined by the Engineer in the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed. Quantities for 1 this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for "REPLACE EXIST. CURB AND GUTTER" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. I 47. PAY ITEM - HMAC TRANSITION: This item will consist of the furnishing and placing at varying thicknesses an HMAC surface in transition areas where indicated on the plans, as specified in these specifications and at other locations as may be directed by the Engineer. 06/20/08 SP-24 This item shall be governed by all applicable provisions of Standard Specifications Item 312. The price bid per ton HMAC Transition as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 48. PAY ITEM - -6" PIPE SUBDRAIN: No specific location for this item is designated on the plans. Subdrain shall be installed only if field conditions indicate ground water at subgrade level after excavation and if deemed necessary by the Engineer. 49. PAY ITEM - TRENCH SAFETY: Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work"for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total compensation for furnishing design, materials, tools, labor, equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe. 50. PAY ITEM - 8" THICK LIME STABILIZED SUBGRADE & CEMENT FOR SUBGRADE STABILIZATION: See Standard Specifications Item No. 210, "Lime Treatment (Material Manipulation)" and Specification Item No. 212, "Hydrated Lime and Lime Slurry" for specifications governing this item. Quantities for this pay item are approximate and are given only to establish a unit price for the work. rThe price bid per square yard for "8" THICK LIME STABILIZED SUBGRADE" as shown in the Proposal will be full payment for all labor, equipment, tools and incidentals necessary to complete the work. The price bid per ton for "LIME FOR SUBGRADE STABILIZATION" as shown in the Proposal will be full payment for materials necessary to complete the work. 51. PAY ITEM - 6" H.M.A.C. PAVEMENT (Thickness Tolerances and HMAC Testing Procedures): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3" deep Type "D" course placed in one lift. 06/20/08 SP-25 i i All provisions of Standard Specification No. 312.7 'Construction Tolerance' shall apply Iexcept as modified herein: 1) After completion of each asphalt paving course, core tests will be made to determine compliance with the contract specifications. The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth. The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the Engineer. } The thickness of individual cores will be determined by averaging at least three (3) measurements. If the core measurements indicate a deficiency, the length of the area of such deficient thickness shall be determined by additional cores taken along the length of the pavement in each direction until cores are obtained which are at least of specified thickness. The width of such area shall not be less than % of the roadway width. 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness, the Contractor shall remove and replace the deficient area at his own expense. If the thickness is less than 15% deficient, the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness. This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan -� thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. .� 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications. 6) HMAC Testing Procedure: The Contractor is required to submit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference. This design shall not be more than two (2) years old. Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density testing. For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the 1 Contractor is approved for placement of the asphalt. The Contractor shall contact the s City Laboratory, through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities. The required Density for Type "B" and for Type "D" asphalt will be 91% of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing. After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart. The above requirement applies to both Type "B" and "D" asphalt. Densities on type "B" must be done before Type "D" asphalt is applied. 06/20/08 SP-26 J 4 1 i i Cores to determine thickness of Type "B" asphalt must be taken before Type "D" asphalt is applied. Upon completion of the application of Type "D" asphalt additional cores must be taken to determine the applied thickness. -� 52. PAY ITEM - CONCRETE FLAT WORK (CURB, CURB & GUTTER, SIDEWALKS, LEADWALKS, WHEELCHAIR RAMPS AND DRIVEWAYS): Concrete flatwork is defined as curb, curb and gutter, sidewalks, leadwalks, wheelchair 4 ramps and driveways as shown in the plans. This provision governs the sequence of work related to concrete flatwork and shall be considered a supplement to the specifications governing each specific item. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed. No payment will be made for flatwork until the pay item has been completed, which includes backfilling and finished grading. 53. PAY ITEM — REMOVE EXISTING CONCRETE SIDEWALK, DRIVEWAYS, STEPS, LEADWALKS AND WHEEL CHAIR RAMPS: This item includes removal of existing concrete sidewalks, driveways, steps, leadwalks and wheelchair ramps at location shown on the plans or as designed by the Engineer. See Item No. 104"Removing Old Concrete", for Specifications governing this item. 54. PAY ITEM — REMOVE EXISTING CURB AND GUTTER: Where shown on the plans or where designated by the Engineer, existing curb and or gutter and existing laid down curb shall be removed and disposed of in a manner satisfactory to the Engineer. Measurement will be by the linear foot for curb and gutter, laydown curb removed, and for all labor, tools, and incidentals necessary to complete the job. 55. PAY ITEM — REMOVE EXISTING CURB INLET: This item shall include all labor, materials, and equipment necessary to remove and dispose of the existing inlet and removal and connection of the existing RCCP lead pipe inlet as shown on the Plans and as directed by the Engineer. 56. PAY ITEM —6" THICK REINFORCED CONCRETE DRIVEWAY: See Standard Specification Item No. 504, "Concrete Sidewalks and Driveways" for specifications governing this item as well as details S-S5 and S-SSA. The price bid per square foot for "6" THICK REINFORCED CONCRETE DRIVEWAY" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 57. PAY ITEM —REMOVE AND CONSTRUCT CONCRETE STEPS: 06/20/08 SP-27 J } I See Standard Specification Item No. 516, "Concrete Steps" for specifications governing this f item as well as details SM-3. i The price bid per each for"REMOVE CONCRETE STEPS" and "CONSTRUCT CONCRETE STEPS" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the removal and construction of each set of concrete steps. 58. PAY ITEM — 4' STANDARD CONCRETE SIDEWALK, LEADWALK AND WHEELCHAIR RAMP: All applicable provisions of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified. The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instruction sign, street name and sign or other sign which has been erected by the City. The Contractor shall contact Signs and J Marking Division, TPW (Phone 817-392-7738). All concrete flared surfaces shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type, and shall be used in accordance with manufacturers instructions. "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the T aforementioned specification. The sample, upon approval by the Engineer, shall be the 1 acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." 59. PAY ITEM — REMOVE AND REPLACE FENCE: This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall 1 exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. Their constructed fence shall be equal in every way, or superior, to the fence removed. The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and while removing and relocating the fence, and for any damage or injury sustained by persons, livestock or property on account of any act of omission, neglect or misconduct of his agents, employees, or subcontractors. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. 60. PAY ITEM — STANDARD 7" CURB AND 18" GUTTER: All provisions of Standard Specification No. 502 `Concrete Curb and Gutter' shall apply except as modified herein: 06/20/08 SP-28 1 ( Subsidiary to the unit price bid per linear foot shall be the following: A minimum of 5" or greater as required depth of stabilized subgrade properly compacted under the proposed curb and gutter as shown in the construction details. ,t 1 If the Contractor fails to backfill either in from of the gutter or behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb and gutter f shall be reduced by 25% until the backfill operation is complete. Standard Specifications Item No. 502, shall apply except as herein modified. Concrete shall have minimum compressive strength of three thousand (3,000) pounds per square inch in twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) gallons per sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) 1 inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. 61. PAY ITEM — REMOVE AND RECONSTRUCT MAILBOXES / MISCELLANEOUS: This item includes the removal and reconstruction of existing mailboxes, brick walls, flowerbed trim and miscellaneous items within the right of way which may be damaged or removed during construction. When possible, the Contractor shall salvage existing materials for reuse in the replacement or repair of damaged or removed items. Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition. All applicable provisions of City of Fort Worth Construction Standards shall apply. 62. PAY ITEM — BORROW: The non-expansive earth fill should consist of soil materials with a liquid limit of 35 or less, a plasticity index between 8 and 20, a minimum of 35 percent passing the No. 200 sieve, a minimum of 85 percent passing the No. 4 sieve, and which are free of organics or other deleterious materials. When compacted to the recommended moisture and density, the material should have a maximum free swell value of 0.5 percent and a maximum hydraulic conductivity (permeability) of 1 E-05 cm/sec, as determined by laboratory testing of remolded specimens of the actual materials proposed for the non-expansive earth fill. 63. PAY ITEM — CEMENT STABILZATION: All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply. 64. PAY ITEM —CEMENT: All applicable provisions of Item 214, 'Portland Cement Treatment' shall apply. 65. PAY ITEM — NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field. 06/20/08 SP-29 I i Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. 'i Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No. 314", Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. 66. PAY ITEM— STORM DRAIN INLETS: An alternative method of construction for these items will be "Pre-Cast" manholes and inlets. If the Contractor desires to use this method, he must submit details for the construction to the Transportation and Public Works Department fore review and approval if said details are acceptable. The Pre-Cast construction must be equal or superior to the strength requirements for this item as set out in Item 444, "Manholes and Inlets" and said construction shall be in compliance with all other requirements of Item 444 where applicable. 67. PAY ITEM —TRENCH EXCAVATION AND BACKFILL FOR STORM DRAIN: Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area. Payment will be made for the quantity of earth excavated/backfi I led. The placing of fill shall be subsidiary to the trench excavation/backfill price. Excess material which is obtained from excavating the trench shall be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard t Specifications. J All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly. Unacceptable material shall be, but not limited to: rocks, concrete, asphalt, debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices. 68. PAY ITEM - STORM WATER POLLUTION PREVENTION (FOR DISTURBED AREAS EQUAL TO OR GREATER THAN 1 ACRE): jPERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small 06/20/08 SP-30 1 i Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an "operator" by state regulations and is required to obtain a permit. Information concerning the permit can be obtained through the Internet at http://www.tnrcc.state.tx.us/permitting/water perm/wwperm/construct.htm 1. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). This manual can be obtained through the Internet at www.dfwstormwater.com/runoff.html. Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that, if properly utilized, can minimize the need for physical controls and possible reduce costs. The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOI): If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOI) form prepared by the engineer. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site. The NOI shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $100 application fee. i The NOI shall be mailed to: Texas Commission on Environmental Quality l Storm Water& General Permits Team; MC-228 p, P.O. Box 13087 Austin, TX 78711-3087 A copy of the NOI shall be sent to: City of Fort Worth Department of Environmental Management 5000 MLK Freeway Fort Worth, TX 76119 'I NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the Contractor shall sign, prior to final payment, a TCEQ Notice of Termination (NOT) form prepared by the engineer. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: Texas Commission on Environmental Quality i Storm Water& General Permits Team; MC-228 P.O. Box 13087 Austin, TX 78711-3087 t STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniques to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Engineering. The selected Contractor shall be provided with three copies I 06/20/08 SP-31 I 1 i i It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as I directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 70. PRE BID ITEM - UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be j comparable to the final cost of making necessary adjustments required due to street 1 improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor' responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. 71. PRE BID ITEM - TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable =� material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be j paid for and may be substantially less than the proposal quantities listed. j 72. PRE BID ITEM - ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 06/20/08 SP-33 1 t 73. PRE BID ITEM - MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the Engineer. Standard Specification Item No. 450 shall apply except as follows: 1 Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. 74. PRE BID ITEM - ADJUST WATER METER BOX: This item shall include raising or lowering an existing meter box to the parkway grade specified. No payment will be made for existing boxes, which are within 0.1' of specified parkway grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 75. NON-PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 76. NON-PAY ITEM - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. 77. NON-PAY ITEM - PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. 1 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 r when pruning paint is recommended. Jf 78. NON-PAY ITEM - CONCRETE COLORED SURFACE: 06/20/08 SP-34 T I Concrete wheelchair ramp surfaces, excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener ( manufactured by L.M. Scofield Company or equal, shall be used in accordance with f manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. 79. NON-PAY ITEM - PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner Keeping trash of any kind off of residents' property .1 If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 80. NON-PAY ITEM - PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the v� end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 81. NON-PAY ITEM - NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement, the Contractor shall notify residents, in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving projects. 06/20/08 SP-35 l All costs involved with providing such written notice shall be considered subsidiary to this contract. 1 82. NON-PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the Contractor shall, on a block I by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the - Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the `pre-construction notification' flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 817- 392-8306. j All work involved with the pre-construction notification flyer shall be considered subsidiary to j the contract price and no additional compensation shall be made. 83. NON-PAY ITEM — PRE-CONSTRUCTION NEIGHBORHOOD MEETING: After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. 84. NON-PAY ITEM - WASHED ROCK: All washed rock used for embedment or backfill or as otherwise directed by the Engineer shall washed, crushed stone and shall meet the following gradation and abrasion: (Actual washing not required if gradation is met) Sieve Size % Retained ill 0-10 1/2" 40-75 3/8" 55-90 #4 90-100 i #8 95-100 J Los Angeles Abrasion Test: 50% Maximum wear per A.S.T.M. Designation C-131. 06/20/08 SP-36 1 1 85. NON-PAY ITEM — SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. I1 The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 86. NON PAY ITEM — LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. The Contractor shall attempt to include the construction engineer(if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2)working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number a� AT&T 817-338-6275 TXU 1-800-233-2133 ATMOS Energy 817-215-0366 Dig TESS 880- 344-8377 Of course, under the terms of this contract, the Contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 87. NON PAY ITEM — TIE IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. r 88. NON PAY ITEM —SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. 06/20/08 SP-37 I 89. NON PAY ITEM - FEE FOR STREET USE PERMITS AND RE-INSPECTIONS: A fee for street use permits is in effect. In addition, a separate fee for re-inspections for parkway � construction, such as driveways, sidewalks, etc., will be required. The fees are as follows: The street permit fee is $50.00 per permit with payment due at the time of permit application. A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. 90. NON PAY ITEM - TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dames, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent T control features on the project. The Engineer will limit the area of preparing right-of-way, J clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. I` Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. �j 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. J 2. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise '� 06/20/08 SP-38 1 approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 3. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other 1 barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. i 4. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are -� not part of the finished work. 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He shall also submit for ., acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until -� the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. -� F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. 91. GREEN CEMENT POLICY: As per Fort Worth City Council Resolution 3536, the City Manager is authorized to specify the purchase of dry kiln cement as the base bid in City of Fort Worth bid projects, with an alternative bid for the purchase of cement from an unspecified source and preferential purchasing for bids from a cement kiln with emissions not exceeding 1.7 pounds of NOx per ton of clinker produced. In cases where cement meeting the above requirements is not available, and where cement from a non-compliant source must be utilized, the Contractor shall furnish good faith effort documentation in the J form of letters from two North Texas cement suppliers of green cement stating that no stock of green cement is available for the contractor at that time. These letters shall be considered valid for a maximum of one week after which new letters must be submitted to the Project Inspector if green cement continues to remain unavailable. All related costs for complying with the Green Cement Policy shall be considered subsidiary to the applicable S project pay items. The contractor shall submit the Green Cement Policy Compliance Statement or the good faith effort documentation at the time the of bid opening of the project. A copy of the Compliance Statement is attached at the end of this section. Failure to comply with the Green Cement Policy may result in rejection of the bid as non-responsive. 1t J 06/20/08 SP-39 l 92. TRAFFIC CONTROL : The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. j The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. Unless otherwise included as part of the Construction documents, the Contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Professional Engineer(P.E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the timeframe mutually established in the `Notice to Proceed' issued the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The lump sum pay item for traffic control shall cover design, and / or installation and 1 maintenance of the traffic control plans. J 1 J 06/20/08 SP-40 J i (To be printed on Contractor's Letterhead) f Date: DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LIMITS OF CONST.: Estimated Duration of Construction on your Street : days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> J OR JMr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. 06/20/08 SP-41 J PART D 1 Specifications 1 7 1 1 7 7 FoRTWORTH Detailed Specifications For Street Light Installation 1.0 SPECIFICATIONS FOR CONSTRUCTION AND INSTALLATION OF STREET LIGHTS 1.1 These specifications for construction in the City of Fort Worth (the City), where applicable, shall govem the materials and installation of street lights in residential areas, along arterial roadways or on or under bridges. In the event of a conflict, the plan set and detail sheets shall be provided and will control. These specifications should be used in conjunction with the following standard detail sheets: ' Street Luminaire General Notes; Street Luminaire Electrical Connection Details; Street Luminaire Pole Foundation Details; Street Luminaire Pole Details; and Ground Box Details. 1.2 This agreement shall consist of installing materials and equipment necessary to complete the street light construction at locations as set out in the task order. The Contractor shall furnish all required materials and equipment not provided by the City, and shall install and shall activate the lighting systems completed in the sequence specified by the Traffic Services Manager or designee. The City will issue task order for work locations via electronic mail. A pre-construction meeting shall be held before any work may commence on the project. The Project Inspector will set the meeting time and place The contractor shall meet with the Project Inspector within five working days after receiving a task order. The work shall commence within ten working days after meeting with the Project Inspector. Invoices will be paid per task order completed and shall be submitted both electronically and by hard copy for processing. 1.3 All installation work shall be in accordance with the applicable sections of the National Electrical Code(NEC), local ordinances and regulations, these specifications, the standard detail sheets accompanying the plans, and those applicable sections of the City's Standard Specifications for Street and Storm Drain Construction. In the event that these specifications should be less restrictive than the NEC, the NEC shall prevail. Any deviation from these specifications or standard detail sheets shall be considered unacceptable unless authorized in writing by the Traffic Services Manager, or designee. All workmanship shall be of the highest quality. Finished work shall be neat and uncluttered in appearance. The City will have the authority to bar from this project any Contractor's employee whose work is judged substandard and unacceptable by the project City Inspector with approval of the Traffic Services Manager. The Contractor shall schedule his work so as to cause the minimum interference with traffic on surrounding roadways. Existing lighting systems may be shut down for modification and/or equipment installation only with the approval of the Traffic Services Manager or his designee with a minimum of 48 hour notice. The Contractor's responsibility in regard to street light installation work shall consist of the following items: 1.3.1 Furnishing and/or installing street light equipment including: structures, conduits, ground boxes, luminary assemblies, conductors, concrete, reinforcing steel, forms for structure foundations, grouting materials, painting materials, miscellaneous nuts, bolts, and washers, and all other miscellaneous equipment as required to complete the project, including all necessary barricades or devices required to maintain proper traffic control in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). Installing and connecting equipment supplied by the City. 1.3.2 Maintaining existing lighting system operations including providing all materials and labor. 1.3.3 Removing and salvaging any existing lighting equipment as designated in the plans. 1.3.4 It shall be the responsibility of the contractor to perform the following at no additional compensation: • Prevent any property damage to property owner's poles,fences, landscaping, mailboxes, etc., and repair any damages. • Provide access to all driveways during construction. • Protect all underground and overhead utilities, including sprinkler systems, erosion control and repair any and all damages. • In developed areas, it shall be contractors responsibility to provide sod and ■ replace any shrubbery to leave the work site in good clean condition. +� 1.4 The Contractor shall coordinate with the Inspector to commence the thirty(30)day test burning period. The Contractor shall have a qualified technician on the project site when the system is energized for the test period. During the thirty(30)day test period, the City shall be the first response to any trouble calls. If the City Troubleshooter determines that the problem is the result of poor workmanship, the Contractor shall complete the repairs. The Contractor shall provide a local telephone number (not subject to frequent changes)where trouble calls are to be received on a 24-hour basis. Appropriate repairs shall be made within 24 hours. If, after further diagnosing the problem, the qualified technician determines the problem is in the equipment supplied by others, the Contractor shall notify the Inspector. NO EXTRA COMPENSATION WILL BE ALLOWED FOR FULFILLING THE REQUIREMENTS STATED ABOVE. ' 1.5 The City of Fort Worth, Traffic Services Division, will furnish lighting poles and arms and service center enclosures to the project in accordance with the bid proposal. The Contractor shall erect all poles and connect all field wiring to the luminary assembly. The Contractor shall notify the Inspector via e-mail at least 3-working days prior to picking up poles. The Inspector will make arrangements on when and where to pick up the poles. 1.6 The locations of pole foundations, bases, conduit, etc., shown on the plans are approximate. The Contractor shall give the Inspector 48 hours notice of his/her intention to establish the final location of any foundations, bases, conduit, etc., and have the locations approved on the ground by the Inspector. 1.7 The location and depth of all utilities shown on the plans are approximate and there may be other unknown utilities existing not shown on the plans that should be field verified and protected by the contractor prior to the start of construction. The contractor shall contact the following utility companies 48 hours prior to doing any work in the area: ■ Dig Tess 1-800-344-8377 ■ City Utility Mains(Water, Sewer)817-392-8275 4 • City Traffic Signals, Street Lights and Storm Drains 817-392-8100 • Charter Cable 817-246-5538 • Southwestern Bell Telephone Enterprise 9800 ■ AT&T 1-800-878-8711 • Western Union Cable 214-939-1930 • Oncor Electric 1-800-233-2133 • Tri-County Electric 817-379-4703 • Co-Sery Electric Coop 1-800-274-4014 • Atmos Gas 214-263-3444 NOTE: The contractor should be cautious of private gas collection and distribution lines from well sites. 1.8 Whenever the work provided for and contemplated under the contract has been found by the Inspector to be completed to his/her satisfaction on any individual light, or lighting system 1 shown in the plans, final clean up of said location has been performed and the equipment supplied by the contractor has operated continuously for a minimum of thirty(30)days in a satisfactory manner, the Contractor will be released from further maintenance on that particular location or system. Such partial acceptance will be made in writing and shall in no way void or alter any terms of the contract. 1.9 The Contractor, including own employees and employees of subcontractors, shall comply with all applicable safety regulations as established by Occupational, Safety and Health Administration (OSHA), including wearing personal safety equipment and/or harnesses. 1.10 SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this Contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN TEN FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within ten feet of high voltage electric lines, notification shall be given the electric service provider which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to electric service provider and shall record action taken in each case. (d) The Contractor is required to make arrangements with the electric service provider for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. j. No person shall work within ten feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 2.0 MATERIALS 2.1 General Notes 2.1.1 It is the Contractor's responsibility to furnish all materials necessary to complete each street light, whether the item is specifically mentioned or not, with the exception of those materials that will be provided by the City as specified in the bid. All unspecified materials(i.e., electrical tape, bolts, and wire nuts, etc.)shall meet the requirements of the National Electrical Code. All materials supplied by the Contractor shall be new un-depreciated stock. 2.1.2 Some sections of these specifications may cite examples of acceptable brands and model numbers of the items described. Items of equal durability, performance, and design may be substituted upon City acceptance. Bidders may be required to submit to the Traffic Services Division information on materials they desire to furnish and install. A two-year warranty shall be required on all other materials furnished. A list of cities, towns, etc.,where the equipment being bid has been in field service for at least two(2)years may be required by the City for reference. If required, the list shall contain names and phone numbers of persons who can be contacted for such reference. If the guidelines listed above are not met, the bid and the equipment shall not be accepted. 2.1.3 If more than one unit of a given bid item is required, the Contractor shall ensure that all units are the product of one manufacturer, unless otherwise directed by the Traffic Services Manager or designee. 2.1.4 All materials furnished by the Contractor shall become the property of the City, effective upon successful completion of a 30 day test period Except for materials supplied by the City, the Contractor shall have full responsibility for materials until the date of acceptance with respect to damage theft or loss 2.1.5 Prior to final acceptance by the City, the Contractor is responsible for removal, replacement and reinstallation of any damaged material at the Contractor's expense, including, but not limited to, grass, irrigation and erosion control. 2.2 Standard Street Luminaire Poles (Section 2.2 is for information only and is not applicable to this bid request since the City will be providing these poles.) L 2.2.1 Pole Dimensions Poles shall conform to the"Street Luminaire Detail Sheets" and the dimensional requirements layout therein as provided. Any deviations from the dimensions of the"Street Luminaire Detail Sheets" shall be noted in the bid submittal. 2.2.2 Design Standards Pole Assembly: The pole assembly shall consist of a tapered steel shaft complete with a steel anchor base, conforming to ASTM standard A36/A36M-03a and A595-98 (2002), of adequate strength and appropriate size, secured to the lower end of the shaft by telescoping the shaft into the base and placing two continuous welds around the pole, one on the end of the shaft and the other at the top of the plate base on poles to be mounted on anchor bolts. On poles to be embedded in the ground, a#7 gauge minimum ground sleeve 24" in length shall be installed at designated height as specified from bottom of pole and secured by two continuous welds around pole at the bottom and top of the sleeve and a#7 gauge minimum steel strap at lease 2"wide shall be welded across the bottom opening of the shaft to support it in the hole. A pole plate or plates will be required as specified near the top of the shaft for mounting light arm. The shaft shall be one piece for poles 40' and less; two piece for poles over 40' is optional. Two-piece shafts shall assemble by telescoping the upper section over the lower section with a firm tapered fit. The telescoping length of the joint shall not be less than 1 '/2 times the diameter of the pole at the joint. The telescoping field joint shall not be welded but shall be keyed with a through bolt. The tapered shaft tube or tubes shall have a constant taper of.10" to .14" per linear foot. Strength: Luminaire support and lighting poles shall be designed to withstand test loads equivalent to a velocity pressure of 23.0 PSF at the nominal mounting height above ground line with appropriate coefficients of and with a factor of safety of not less than 1.80. The lighting standard shall also be designed to withstand test loads, which are calculated equivalent of 80 MPH without destruction. Shape: Poles shall be round with a maximum'ovalness" not to exceed 1.5% of the nominal diameter. Measurements shall be made at 90° to each other in the same cross-section. Straightness tolerance shall be no more than 3/8 inch per 20 feet of length, or not more than 1/16 inch in any four-foot section of pole. 1 NOTE: Actual dimensions of poles to be supplied shall be included in bid submittal. 2.2.3 Design Details 2.2.3.1 Base of Pole: The base anchor hole pattern shall conform to the"Street Luminaire Pole Foundation Details" sheet as provided. The base flange shall be provided with four(4) slip holes for mounting on four anchor bolts. The anchor bolt hole on the base flange shall be slotted. 2.2.3.2 Transformer Bases: When required on the bid form, the standards shall be furnished with an aluminum "Breakaway Base." 2.2.3.3 Breakaway Transformer Base: A cast aluminum breakaway type transformer base with all necessary fittings and attachments shall be furnished so as to afford to the lighting standard the quality of breaking away under vehicular impact. The base shall have a vertical height of 20"to provide bumper area contact with a passenger vehicle and shall have the ability to shear on impact when struck by a vehicle of approximately two thousand pounds or more and traveling at a speed of twenty miles per hour or more. It shall meet necessary structural and wind loading requirements and, as a minimum, withstand the effects of a load of five hundred pounds eighteen inches from the tip of the shaft to which the base is attached without any permanent distortion, overstress or failure. A door opening shall be provided in the side of the base approximately 8"x 10" in size. Aluminum base material shall conform to ASTM B108 alloy SG 70A-T6. 2.2.3.4 Access Door: A removable access door shall be furnished in the base of the pole assembly, measuring at least 4 inches by 6 inches, secured by #20 stainless steel tamper proof screws. A#20 ground stud shall be provided opposite the access door opening. 2.2.3.5 Anchor Bolts: Anchor bolts shall be provided with each pole. Anchor bolts shall comply with ASTM standard F1554-99. Anchor bolts shall be galvanized steel and shall comply with the dimensional requirements as set out in the"Street Luminaire Pole Base Detail Sheet"as shown under "Anchor Bolt Detail" as provided. 2.2.3.6 Pole Cap: The pole cap shall be sloped to shed rain and shall be secured with at least three locking screws. The pole cap shall be made of cast aluminum or pot steel. Cast iron is not acceptable. 2.2.3.7 Arms: Arms shall be capable of withstanding a test load, the calculated equivalent of an 80 MPH wind. Luminaire arms shall be capable of supporting 75 pounds of weight with a 3 square feet luminaire surface. i 2.2.3.8 Support Arm Mounting Flange: The pole shall have a simplex fitting plate conforming to the"Street Luminaire Pole Details" sheet as provided. The plate shall have two-'/z inch tapped diameter holes, 4 inches apart to secure the support arm to the pole. The plate shall accept a saddle plate on the support arm. A hole shall be provided in the pole flange that is not less than 1-1/2 inches in diameter. The hole shall be smooth and free of burrs so as to prevent damage to cable jacketing when pulled through the opening. Extra pole mounting flanges are a line on the itemized bid list. These flanges shall not be galvanized to permit welding to the pole to make repairs or modify the pole to accept truss type support arms. 2.2.3.9 Finish: The pole shall be hot dipped galvanized, unless otherwise required in the bid items list. All galvanized materials shall be dipped in 1 accordance to ASTM A123/A123M-01 standard. Each component must be completely coated in a single dip. Double dipped materials will not be accepted. The finish shall be smooth and free of imperfections. 2.3 Luminaires(Cobra Head Type) 2.3.1 General Specifications All luminaires shall be adapted for both 1 W and 2"adjustable slip fitter mounting with leveling screws to securely clamp to mast arm or bracket. Two clamping brackets shall be provided to prevent the head from turning from wind or vibration. All luminaire housings shall be cast or drawn from a non-ferrous alloy and shall be free of cracks and excessive porosity. The exterior surface shall have uniform natural aluminum or painted finish. Mogul base sockets shall be nickel-plated copper and shall be rigidly attached to a high-grade porcelain base, which shall extend and completely enclose the metal shell. Sockets shall be mounted to provide for latest requirements for the IES-ANST Standards for highway and roadway lighting. Sockets shall be of one-piece construction; no split socket construction acceptable. All nuts, screws, clips, washers and attaching hardware shall be fabricated from highly corrosion resistant alloys. ' Lamp shall be mounted in a horizontal position. The optic assembly shall be provided with resilient gaskets and so constructed that a positive seal against weather and other contaminates will be maintained. The hinge shall be lift-off type with a means for preventing unintentional separation. The latch shall be an automatic type or quick release thumb latch and designed such that a spring failure will not cause the refractor assembly to open. The reflector shall be processed to a highly specular finish. It shall be secured in such a manner that no tools will be necessary for removal or replacement. The edges of the reflector if not covered by a gasket, shall be smooth and all corners rounded to prevent injury to bare hands. The reflector shall have sufficient strength to prevent being distorted during routine operations. The refractor shall be crystal clear glass with refracting prism (I ES Type III, semi-cut off, unless otherwise specified). 2.3.2 Ballasts Ballasts shall be the regulated type designed to operate high-pressure sodium or metal halide lamps in a horizontal position, and manufactured by Advance(or approved equal), voltage to be specified, on each order. Total assembled weight of luminaire and ballast shall not exceed 50 pounds on 400-watt units and 75 pounds on 1000-watt units. Ballast input wattage during fluctuations of the primary voltage of plus 5% or minus 10% shall not exceed the value given in the table below: Lamp Wattage Maximum Ballast Input(Average for Group Sample) 100 145% of Normal lamp Wattage 150 145% of Normal lamp Wattage 200 130% of Normal lamp Wattage 250 130% of Normal lamp Wattage 400 130% of Normal lamp Wattage 1000 130% of Normal lamp Wattage Lamp wattage shall average within plus or minus 3% of wattage measured at nominal line voltage applied to the ballast, shall not be less than 0.90. Each ballast shall permanently and clearly indicate the following: • Type, Catalog Number, Voltage Rating, and Connection Diagram ' 2.3.3 Starter The Electrical starter shall be a solid-state device capable of withstanding ambient temperature of 85 degree C. All components shall be sealed and protected from dirt, moisture, or other foreign material. The starter shall have a minimum pulse repletion rate of 1 pulse per cycle. The minimum amplitude of the pulse shall be 2500 volts for the 100, 150, 200, 250, and 400 watt lamp; 3000 volts for the 1000 watt lamp, and shall be applied within 20 electrical degrees of the center of the open circuit voltage wave. 2.3.4 Receptacle for Photo Electric Eye Luminaires with 120/208/240/277 volt multi tap ballast shall be furnished with receptacle for photo electric eye. 2.4 Antique Style Pole (Section 2.4 is for information only and is not applicable to this bid request since the City will be providing these poles.) 2.4.1 Lantern Assemblv The lantern shall conform to the following specifications and description: 2.4.1.1 Dimensions: The lantern shall be approximately 33 inches high overall and approximately 16 inches in overall diameter. 2.4.1.2 Globes: All globes shall have 8 inch opening with spun aluminum collar to prevent set screws from meeting with any part of the acrylic globe. Each style of globe shall be available to purchase with or without the lantern. All mounting hardware and screws shall be stainless steel. 2.4.1.3 If finial is requested, the finial shall be composed of cast aluminum & shall be fastened to the globe with machine bolt from inside the globe and shall be sealed with a silicon style adhesive. 2.4.1.4 Globe I: This globe shall be a one-piece UV resistant DR Acrylic globe equal to or greater than Dynamic Lighting Globe#AO25DR-CL or Lightning Inc. Globe#FP127. 2.4.1.5 Globe II: This globe shall be a two piece made up of the globe and roof. The globe shall meet American Association of State Highway and Transportation Officials(ASSHTO)Type III refractive pattern with house side cut-off. It shall be composed of clear acrylic material that is ultra- violet resistant for up to 10 years and shall be heat resistant. The globe shall be equal to or better than Dynamic Lighting globe# ARP23/AC8/T3. The globe roof shall be a vertically ribbed "Fort Worth" style with no finial. It shall be composed of clear impact-resistant acrylic material that is ultra-violet resistant for up to 10 years and shall be heat resistant. The roof shall have a one piece stainless steel band to make a single permanent assembly that is sealed with a utility grade silicone. The roof shall come with a semi-cut off reflector. The reflector shall be a one- piece aluminum assembly treated with an ALZAK process. 2.4.1.6 Globe III: This globe shall be a two-piece assembly made up of the globe and the roof. The globe shall meet American Association of State Highway and Transportation Officials (ASSHTO)Type III or Type V refractive pattern. It shall be composed of a clear impact-resistant acrylic material that is ultra-violet resistant for up to 10 years and shall be heat resistant. The globes shall come with a house side cut-off and shall be equal to or greater than Dynamic Lighting globe AO28AC-T3 or AO28AC-T5 Series. The globe roof shall be"Victorian" style with no finial. It shall be composed of impact-resistant acrylic material that is ultra-violet 1 resistant for up to 10 years and shall be heat resistant. The roof shall be secure to the globe with at least 4 stainless steel screws and sealed with utility grade silicone. The roof shall come complete with a semi-cut off reflector. The reflector shall be a one-piece aluminum assembly treated with an ALZAK process. 2.4.2 Ballast shall be the regulated type designed to operate high-pressure sodium or metal halide lamps in a vertical position and manufactured by Advance Ballast& Transformers or Universal Lighting Technologies, voltage to be 120v, unless specified on each order. 2.4.3 Socket: The Sockets shall be mounted to provide for latest requirements for the IES-ANST Standards for roadway lighting. Sockets shall be of one-piece construction, no split socket construction is acceptable. 2.4.4 Lamping: The following lamping options shall be provided. Specific lamping types and quantities shall be listed on the itemized bid sheet. • 70 watt, mogul base, 120 volt metal halide with integral internal ballast socket combination; f • 100 watt, mogul base, 120/240 volt metal halide with integral internal ballast socket combination; • 100 watt, mogul base, 120/240 volt high-pressure sodium with integral internal ballast socket combination 2.4.5 Photo Control: A twist lock photo control receptacle shall be provided. The photo control shall fit under the globe within the fixture pod with access door hinged and fasten with an external tool less latching method and shall have a clear acrylic lens. 2.4.6 Seat and Fitter: The seat and fitter shall be cast aluminum. A neoprene gasket shall be provided as to help prevent dust from entering inside the globe area. 2.4.7 Finish: All metal parts (pod and seat)shall be painted with a Superpolyester Black powder coating. The finish shall be smooth and free of imperfections. 2.5 Post The post shall conform to the"Street Light Luminaire Detail Sheet' under Antique Style Street Light Pole detail as provided. Pole shall be patterned with 16 flutes. 2.5.1 Dimensions: The pole dimensions shall be as follows: ■ Height: 10 feet, 10 inches & 13 feet, 10 inches (as required on the itemized bid sheet); ■ Sections: Column at base-7 inches outside diameter; Column at top—3.5 inches outside diameter; Base at base-20 inches outside diameter; TENON -3 inches outside diameter&shall be 3 inches in height. Pole should be designed to withstand an 80 mph wind load. NOTE: Actual dimensions of poles to be supplied shall be included in bid submittal. 2.5.2 Material: The pole assembly shall be a one-piece heavy wall aluminum casting. The castings are to be true, smooth and clean of cast burs(inside and outside). 2.5.3 Base and Hole Pattern: The base anchor hole pattern shall conform to the"Street Luminaire Detail Sheet" as provided t2.5.4 Access Door: A removable access door shall be furnished in the base of the pole assembly, measuring at least 4 inches by 6 inches, secured#20 stainless steel tamper proof screws. A#20 ground stud shall be provided opposite the access door opening. 2.5.5 Base of Pole: The base flange shall be provided with four(4) slip holes for mounting on four anchor bolts. The base flange shall be provided with at least an 8-inch diameter hole for conduit projection. Leveling shims will be provided. 2.5.6 Anchor Bolts:Anchor bolts shall be provided with each pole. Anchor bolts shall be galvanized steel and shall comply with the dimensional requirements as set out in the"Street Luminaire Pole Base Detail Sheet"as provided. 2.5.7 Finish: The pole shall be painted with a Superpolyester black powder coating. The finish shall be smooth and free of imperfections. The supplier shall supply sufficient primer and enamel for field touch-up after installation. 2.6 Conduits and Related Hardware 2.6.1 Conduit: All polyvinyl chloride conduits, including elbows and couplings shall be schedule 40 PVC or schedule 80 PVC conduit, conforming to Federal Specification W-C-1094 and Underwriters' Laboratories, Inc. Standard UL-651. All conduit sizes shall be as indicated on the plans. Only"stick" PVC conduit will be permitted. Roll conduit is not acceptable. 2.6.2 Rigid metal: Rigid metal conduit shall be steel, hot-dipped galvanized inside and outside. 2.6.3 Weather heads shall be made of aluminum and may be the threaded or the clamp on type. 2.7 Power Lead-In Cable 2.7.1 Power lead-in cable shall be stranded THHW copper wire and suitable for A/C electric service. 2.7.2 The cable shall be capable of operating at 600 volts maximum and suitable for use at conductor temperatures not exceeding 167 F(75 C). Material and construction shall be in accordance with the applicable requirements of IMSA and NEC standards. 2.7.3 Conductors shall be stranded, anneal coated copper. Copper wire before insulating or stranding shall meet the requirements of the latest edition of ASTM B-033(for coated wire). Stranding shall be class B, in accordance with the latest edition of ASTM B-8. 2.7.4 Insulation shall consist of cross-linked thermosetting polyethylene, meeting the requirements of IMSA and listed by UL as type USE THHW-75C. 2.8 Ground Boxes 2.8.1 General Requirements All ground boxes specified for use shall satisfy the following general requirements: 2.8.1.1 The top surface of the ground box cover shall have a minimum co-efficient of friction of 0.5. 2.8.1.2 Boxes shall be stackable for extra height. 2.8.1.3 Boxes shall be manufactured from Reinforced Polymer Concrete(RPM) composed of borosilicate glass fiber, a catalyzed polyester resin and an aggregate. Sidewalls may be reinforced polymer. 2.8.1.4 Enclosures and covers shall be able to withstand a minimum 12,000 lb. per wheel load. Load requirements shall be tested by an independent laboratory and a certification of such tests shall be supplied for approval. 2.8.1.5 All components shall be designed and tested to withstand temperatures as low as-20 F(4 C). 2.8.1.6 The size and dimensions of the required ground boxes shall be shown on the Ground Box Details sheet in the plan set 2.9 Foundations All foundations shall be built in accordance with the requirements stated in the standard detail sheets of the plan set. All foundations shall be continuous pour in place. 2.10 Hardware Paint (Section 2.10 is for information only and is not applicable to this bid request since the City will be providing poles.) The contractor shall supply the following primer coating and finishing coating. Specific finish coat color shall be specified on each task order and will vary accordingly. The follow descriptive names of finish coat colors are permissible within the City: ■ Brick Red (RAL 3009) ■ Black Green (RAL 6012) ■ Yellow Olive (RAL 6014) ■ Grey Beige (RAL 8022) ■ Duranotic Bronze RAL(8019) ■ Black (RAL 9004) ■ Pure Aluminum (RAL 9006) 2.10.1 Primer Coating The primer coat shall be Kwal Paint#5810 G-Prime Premium Acrylic Universal Primer or approved equal. This is a 100%acrylic primer for all types of surfaces, including galvanized finishes. 2.10.2 Finish Coat The finish coat shall be Kwal paint#6300 Accupro 100%Acrylic Exterior Flat Finish or approved equal. This is a 100% acrylic finish that durable and chalk resistant. The paint to be applied to existing non-galvanized street light structures shall be a durable iodized alkyd enamel with semi-gloss finish. The drying time shall be approximately three hours with an average dry film thickness of 1.4 mil. The paint quality shall allow for application on surfaces at temperatures as low as 20 F(7 C). 2.10.3 Hardware paint color shall as called for in the construction plans set or bid documents. 2.11 Grounding Conductor and Grounding Rod 2.11.1 The grounding conductor shall be a#8 AWG solid copper wire. The conductor shall be bonded to all ground rods. 2.11.2 Grounding rod electrodes shall be copper-bonded steel being at least 5/8 in. (15.875 mm) in diameter. All ground rods shall be 8 ft. (2.4 M). 2.12 Electric Service Center 2.12.1 Electric service center or contactor control box shall meet or exceed the product shown in Appendix A for either pole mounted or ground mounted units. 2.12.2 Vendors requesting to supply a different box than the shown in Appendix A, shall submit a sample unit for review and approval by the Traffic Services Manager or his /her designee. 2.12.2 Ground mounted service centers shall be mounted on a concrete base that is 3-1/2 inches thick, and four feet by four feet square,with eight#3 bars and 6 inch long"J" hook anchor bolts. (See ground box apron detail for typical steel layout.) 3.0 INSTALLATION OF SREEET LIGHT COMPONENTS 3.1 Installation of Electrical Service 3.1.1 Unless otherwise noted on the plan sheets, power shall be direct wired to the appropriate phased transformer provided by the electrical service provider. This connection will only be made by authorized personnel. 3.1.2 If electrical service is required to be metered, then the Contractor shall install all electrical service connections including conduit, pole risers, meter base, breaker box, breakers etc., in accordance with NEC standards and specifications. Installation of conduit and wire in to the electrical service provider vaults shall be per the electrical service provider's specifications. 3.1.3 Unless otherwise called for in the plans, the power connection shall be made to a 120-240 volt, single-phase, 60 cycle AC supply. All wiring shall be done in accordance with NEC. 3.2 Installation of Conduit 3.2.1 The conduit size will generally be specified on the street light plan sheets or task work order. 3.2.2 The Contractor shall provide and install underground cable facilities required to complete the construction plan set. The Contractor will be required to coordinate with all local utility companies, long distance communication companies, City utilities, railroad companies, and Dig Tess, if applicable, to ascertain exact locations of conflicting underground services. 3.2.3 The location of conduits and ground boxes are diagrammatic only and may be shifted by the Inspector to accommodate field conditions. 3.2.4 When boring is used for under pavement conduit installations, the maximum f allowable overcut shall be 1 in. (25 mm) in diameter. 3.2.5 When conduits are bored, the vertical and horizontal tolerances shall not exceed 18 in. (457 mm)as measured from the intended target point. 3.2.6 The use of a pneumatically driven device for punching holes beneath the pavement (commonly known as a "missile') will not be permitted under streets or roadways on any street light installation projects. Boring shall be done by use of directional boring machinery. 3.2.7 The contractor shall place duct seal or foam (maximum of 3 inches)at the ends of all conduit where conductors and/or cables are present. 3.2.8 New Conduit 3.2.8.1 Unless otherwise shown on plans or standard detail sheets, all underground conduit shall be schedule 40 PVC conduit except if the conduit is to be placed under a roadway at a depth of less than 24 inches (600 mm), then the conduit shall be schedule 80 PVC.All conduit or raceways above ground shall be rigid metal. All conduit and fittings shall be of the sizes and types shown on the plans. Each section of conduit shall ' bear evidence of approval by Underwriter's Laboratories. 3.2.8.2 Conduit terminating in posts or pedestal bases shall not extend vertically more than 3 inches(76 mm)above the concrete foundation. Field bends in conduit shall have a minimum radius of 12 diameters of the nominal size of the conduit. 3.2.8.3 Exposed vertical conduit shall be galvanized rigid metal, and reamed and couplings made tight. PVC conduit shall be joined by the solvent-weld method in accordance with the conduit manufacturer's recommendations. No reducer couplings shall be used unless specifically indicated on the plan sheet. 3.2.8.4 All rigid conduit and fittings shall have burrs and rough places smoothed and shall be clean and free of obstructions before the cable is installed. dl Field cuts shall be made with a hacksaw or four wheel pipe cutter only and shall be square and true so that the ends will butt or come together for the full diameter thereof. In no case shall a cutting torch be used to cut or join conduit. Slip joints or running threads will not be permitted for coupling conduit unless approved by the Inspector. When a standard coupling cannot be used, an approved union coupling shall be used and shall provide a water-tight coupling between the conduit sections. 3.2.8.5 All couplings shall be properly installed to bring their ends of connected conduit together to produce a good rigid connection throughout the entire length of the conduit run. Where the coating on a rigid metal conduit run has been damaged in handling or installation, such damaged parts shall be thoroughly painted with rust preventive paint. Ends of conduits shall be capped or plugged until installation of the wire is complete. Upon request by the Inspector, the Contractor shall draw a full-size metal wire brush, attached by swivel joint to a pull tape, through the metal conduit to insure that the conduit is clean and free from obstructions. Conduits shall be placed in an open trench at a minimum 24 in. (600 mm)depth below the curb grade in the sidewalk areas, or 18 in. (450 mm) below the finished street grade in the street area. 3.2.8.6 Conduit placed for concrete encasement shall be secured and supported in such a manner that the alignment will not be disturbed during placement of the concrete. No concrete shall be placed until all of the conduit ends have been capped and all box openings closed. 3.2.8.7 PVC conduit, which is to be placed under existing pavement, sidewalks, and driveways, shall be placed by first providing a void through which the PVC conduit shall be inserted. The void may be made by either boring or jacking a mandrel. Heavy jacks are to be used for jacking. Use of water or other fluids in connection with the boring operation will be permitted only to lubricate cuttings. Water jetbng will not be permitted. 3.2.8.8 If it is determined by the Inspector that it is impractical to place the conduit by boring as outlined above due to unforeseen obstructions,written permission may be granted by the Assistant Director of Transportation and Public Works Department over Infrastructure for the Contractor to cut the existing pavement. Pits for jacking and boring shall not be closer than 2 ft. (600 mm)to the back of the curb or the outside edge of the shoulder. The jacking and boring method used shall not interfere with the operation of streets, highways, or other facilities, and shall not weaken or damage any embankment structure, or pavement. 3.2.8.9 Backfill-Compaction& Density Test for All Ditchlines The Inspector shall be notified prior to commencing any backfill of all trench lines. All ditchlines within paving areas of existing and proposed streets and within 2 ft. (600 mm) back of curb are to be mechanically tamped. All tamping is to be density controlled to 90%standard proctor density at optimum moisture content and no greater than 5%optimum or less than 2% below optimum. All backfill material is to be select native material, 6 in. (150 mm)diameter clods and smaller. It is permissible to put backfill in 6 in. to 8 in. (150 mm to 400 mm)lifts with densities being taken for each 1ft. (300 mm)of compacted material on offsetting stations of 50 ft. (15.9 M). Note:All excavated material, not required for backfill, shall be promptly removed and disposed of by the Contractor, outside the limits of the project. The work site shall be kept clean and neat at all times at no additional cost to the city. The inspector may provide access to a city owned location to deposit debris. 3.2.8.10 The Contractor shall provide adequately bent conduit and shall properly excavate so as to prevent damage to the conduit or conductor by a bend radius that is too short. 3.2.8.11 All conduit runs shall be continuous and of the same material(metal only or PVC only). Where tying into existing conduit,the Contractor must continue with the same material(metal to metal or PVC to PVC). 3.2.8.12 Each length of galvanized rigid metal conduit, where used, shall be reamed and threaded on each end and couplings shall be made up tight. White-lead paint or equal shall be used on threads of all joints. Metal conduit and fittings shall have the burrs and rough places smoothed. Where the coating on a metal conduit run has been damaged in handling or installation, such damaged parts shall be thoroughly painted with rust preventive paint. 3.2.9 Existing Conduit 3.2.9.1 Prior to pulling cable in existing underground conduit, the conduit shall be cleaned with a mandrel or cylindrical wire brush and blown out with compressed air. If conduit appears to be blocked, the Contractor shall make an attempt to clear the conduit by rodding (The Contractor will not receive extra compensation for rodding). 3.2.9.2 If the existing conduit cannot be used, the Contractor may be required to repair and/or replace this conduit as directed by the Inspector. 3.2.9.3 The Inspector shall be notified prior to disconnection or removal of any existing cable. 3.3 Installation of Cable 3.3.1 General 3.3.1.1 Cables shall be installed in conduit unless indicated as an 'overhead"cable run. Conduit must be continuous, reasonably dry, completely free of debris, and without sharp projections, edges, or short bends. If required by the Inspector, the Contractor shall demonstrate that the conduit is dry and free of debris by pulling a swab and/or mandrel through the conduit. The conductors shall be installed in a manner so as to insure against harmful stretching of the conductors or damage to the insulation. Installation methods shall conform to the recommendations of the cable manufacturer. The Contractor shall furnish, at the request of the Traffic Services Manager a copy of the manufacturer's recommendations, which shall include methods of attaching pull cable, pulling tension per conductor size and per radius of conduit bend, and the type of lubricant to be used. 3.3.1.2 All cables in a given conduit run shall be pulled at the same time and the conductors shall be assembled to form one loop in such a manner that the pulling tension is equally distributed to all the cables. Long, hard pulls will necessitate the use of pulling eyes. For short runs, the cables may be gripped directly by the conductors by forming them into a loop to which the pull wire or rope can be attached. The insulation on each conductor shall be removed before the loop is formed. The method used will depend on the anticipated maximum pulling tension in each case. 3.3.1.3 In existing conduit where new cables are to replace existing cables, the exit cables may be used to pull in the new cables. At locations where new cables are to be added to existing cable runs, the existing cables shall first be pulled out, the new cables are to be added to the existing cables to form one cable pull. Installation and removal shall be done in such a way as to prevent damage to the existing and/or new cables. In the event of damage, the Contractor shall bear the responsibility of providing the material and labor for replacement of defective cables at no extra cost to the City. 3.3.1.4 All conduit runs shall be measured accurately and precisely for determining cable lengths to be installed. Conduit measurement shall take place in the presence of the Inspector.The Inspector shall record all cable ' measurements and include the distances on an as-built drawing. In locations where new cables are to replace existing cables, the Contractor may use the removed cables as a measuring device to determine the lengths of the new cables to be installed. However, this does not relieve the Contractor of his responsibility to record accurate measurements of all cable lengths. 3.3.1.5 The manufacturer's recommended maximum pulling tensions shall not be exceeded under any circumstances. If so required by the Inspector, the Contractor shall insert a dynamometer in the pull wire as the cables are being pulled into the conduit to demonstrate that the maximum tensions are not being exceeded. The cable shall be fed freely off the reel into the conduit without making a reverse curve. At the pulling end,the pull wire and cables shall be drawn from the conduit in direct line with the conduit. Sheaves or other suitable devices shall be used as required to reduce any hazards to the cable during installation. The cables shall be adequately lubricated to reduce friction and further minimize possible damage. Such lubricants shall not be the grease or oil type used on lead sheathed cables, but shall be one of several commercially available wire pulling compounds that are suitable for PVC sheathed cables. They shall consist of soap, talc, mica, or similar materials and shall be designed to have no deleterious effect on the cables being used. 3.3.1.6 Cables shall be neatly trained to their destinations. The Contractor shall adhere to the cable manufacturer's recommended values for the minimum bending radii to which cables may be bent for permanent training during installation. These limits do not apply to conduit bends, sheaves, or other curved surfaces around which these cables may be pulled under tension while being installed. Larger radius bends are required for such conditions. 3.3.2 Wire and Cable All wire and cable shall conform to the requirements shown in the plans, except wire and cable specifically covered by other items of this contract. 3.3.3 Circuit Control Wiring 3.3.3.1 Wring for the contactor control cabinet shall consist of(1) power and field wires, (2)ground wires, (3) photo-controls and (5)contactor wires to their respective terminals in the cabinet. Wiring for the controller shall be completed as shown on the Street Luminaire Electrical Connection Details and in the instructions furnished with the controller by the manufacturer. 3.3.3.2 All field wiring in the contactor control cabinet shall be neatly installed. Incoming cables shall be trained to their destination and neatly laced together. 3.3.4 Luminaire Wiring (contactor to each pole pier) 3.3.4.1 Conductors shall run as follows: • Four unbroken electrical cables shall run from the contactor to each pole pier for circuit lighting, or three electrical cables from the transformer connection to a single light standard. • Each cable shall have the color jacketing as required on the Street Luinaire Electrical Connection Details. 3.3.5 Luminaire Wiring (pole base to luminaire) Two(2)cables shall run from pole base up to the luminaire in each pole. All connections will be made above ground. The grounding conductor shall be ® connected to the ground lug in the pole hand hole. A 7 amp in-line fuse shall be s required for the positive conductor in the base of the pole. 3.3.6 Terminals The ends of all stranded wires from the luminaires shall be twisted at least three turns and wire nut applied in the base of the lighting structure. 3.3.7 Splices 3.3.7.1 Splices are strictly prohibited inside conduit runs and, if made in ground boxes, must be made water tight.All splices shall be made only at locations that are specified in the plans. 3.3.7.2 Splicing methods shall be in accordance with good electrical practice and the cable manufacturer's recommendations. All materials used shall be of high quality and specifically intended for this purpose. Cables shall be trained to their final position and cut to proper lengths. The cable's jacket and insulation shall be removed as required. When doing this, use proper care to insure against nicking the conductors. The connection shall be installed tightly and all burrs, rough edges, etc. shall be removed. If wire nuts are used to secure the connection,then only "Scotchlock"brand connectors shall be utilized. No more than two(2)wires shall be spliced together using"Scotchlock"connectors and the wire shall be twisted. If more than two (2)wires are connected, then a split-bolt connector or mechanical clamp shall be used. 1 All splices involving grounding conductors shall be made by twisting the cables together, applying solder then wrapping the connection with green electrical tape. Heating the connection with a direct flame will not be permitted for cable gauge less than#14. Approved thermo-setting materials shall be used to provide a watertight seal. 3.3.7.1 The Inspector may select at random at least five(5) splices to be thoroughly inspected. The Contractor shall, in the presence of the Inspector, sectionalize each selected splice to expose the various layers of materials and the connector. These splices shall be thoroughly checked for compliance to these special provisions. Each splice shall then be remade by the Contractor. This work shall not require extra payment, but is considered subsidiary to other items in the Contract. All of the splices selected for this inspection shall conform to the requirements of these special provisions. If any splices fail to meet these requirements, then ten more splices shall be selected at random by the Inspector for examination. 3.4 Ground Boxes All ground boxes shall be installed according the standard construction detail sheet. The cost of installing ground boxes shall be complete and in place, including the concrete apron. 3.5 Grounding 3.5.1 There shall be a properly installed and connected ground rod for each controller cabinet, power drop and street light pole pier to reduce any extraneous voltage to a safe level. The ground rod shall be located so as to minimize the length of the grounding-conductor run. For pole-mounted cabinets a grounding rod and grounding conductor shall be installed at the nearest foundation or ground box. All grounding circuits shall be substantial and permanent and shall be electrically continuous with an ohms-to-ground resistance not to exceed 10 ohms when tested by volt-ohm-meter. 3.5.2 Grounding Connectors and Electrodes 3.5.2.1 When the location precludes driving a single ground rod to a depth of 8 feet (2.4 m), or when a multiple ground rod matrix is used to obtain the required resistance to ground, ground rods shall be spaced at least six feet apart and bonded by a minimum No. 6 AWG copper wire. 3.5.2.2 Connection of grounding circuits to grounding electrodes shall be by devices that will ensure a positive, fail-safe grip between the conductor and the electrode(such as lugs or pressure connectors). No splice joint will be permitted in the grounding conductor. 3.5.2.3 Each grounding rod shall be driven into the ground to a depth sufficient to provide the required resistance(10 ohms) between electrodes and ground. 3.6 Concrete Foundations for Lighting Structures 3.6.1 All foundations shall be staked or flagged by the contractor Inspector prior to excavation. 3.6.2 Concrete foundations for street light structures shall be located so that the closest face is a minimum of 2 ft. (600 mm)from the face of the nearest vertical curb. The Contractor shall probe before excavating foundations to determine the location of utilities and structures. Foundations shall be paid for once, regardless of extra work caused by obstructions. The Contractor shall furnish all supplementary items necessary for proper foundation installation. 3.6.3 Excavation for all foundations shall be done in accordance with lines and depths indicated on the standard detail sheets of the plan set. All loose material shall be 13 removed from the excavation before concrete is placed. Any water shall be I Y removed by pumping or bailing. The use of explosives will not be permitted. 3.6.4 Foundations shall be constructed to the dimensions shown on the plans. The Contractor is required to make certain that the top of the finished foundation is level and formed. Anchor bolts and conduits shall be held rigidly in place by a template until the concrete is set. All foundations shall be continuous pour concrete. A mechanical vibrator shall be used for compacting and working the concrete. After the concrete has been placed and the top struck off, it shall be covered with wet cotton or burlap mats or other appropriate form of curing, for not less than 96 hours. All bracing and templates for anchor bolts shall remain in place for 96 hours after the concrete is poured. During that time, the anchor bolts and conduit shall not be subjected to any applied strain. Transformer bases shall not be installed on any foundations until approval has been given by the Inspector. 3.6.5 Backfill shall be tamped with mechanical tamps in 6 in. (150 mm) layers to the density of the surrounding ground. Where excavation is made in the roadway shoulder, the shoulder shall be replaced with material equal to the original composition. 3.6.6 All excavated material, not required for backfill, shall be promptly removed and disposed of by the Contractor, outside the limits of the project. The work site shall be kept clean and neat at all times at no additional cost to the city. The inspector may provide access to a city owned location to deposit debris. 3.6.7 No concrete shall be placed when the atmospheric temperature drops below 40° F (4° C)(temperature reading taken in the shade away from artificial heat) unless permission to do so is given by the Inspector. 3.6.8 Pole anchor bolts shall be aligned to be parallel to the tangent of the street curb that the pole is intended to serve. 3.6.9 Tubing used to form pole foundations shall not be visible and all exposed concrete shall be finished with vinyl concrete patch mix to provide a smooth quality finish with all voids filled and no aggregate exposed. The cost of the work shall be included in the unit bid price for this item. 3.7 Installation of Lighting Structures 3.7.2 The Contractor shall install all structures in accordance with the plans. Deviation from the plans because of physical obstructions, such as overhead utilities to fit a relocated foundation, shall be worked out with the Inspector and approved prior to installation. Poles shall have nuts, lock washers and flat washers on top and bottom of the pole base plate. 3.7.2 Transformer bases for poles, if required, shall be leveled and tightly secured to the foundation before the structure is placed on the base. If shims are required for leveling,total shim height shall not exceed 1/2 in. (127 mm). Foundation anchor bolts shall extend a minimum of 1 in. (25.4 mm)through each nut in the base. 3.7.3 Except as modified herein, erection of lighting structures shall be in accordance with the applicable specifications and standards of the AISC Manual of Steel Construction. Erecting equipment shall be suitable for the work and shall be in proper working condition. Parts that cannot be assembled or fitted properly as a result of errors in fabrication or deformation due to handling or transportation shall be reported immediately to the Inspector. Straightening of plates and angles or other shapes shall be done by approval of the manufacturer. No corrections will be allowed that will void the manufacturer's warranty. A letter from the manufacturer approving the corrections shall be required or the material may be rejected by the Inspector. 3.7.4 The steel structure frame shall be lifted as shown in the manufacturer's specifications and all match marking shall be followed. Temporary bracing shall be used wherever necessary to support all loads to which the structure may be subjected, including equipment, operation, and material loading. Such bracing shall be left in place as long as may be required for safety. The various members, after being assembled, shall be aligned and adjusted accurately before being fastened. Fastening of splices on compression members shall be done after the abutting surfaces have been brought completely into contact. No welding or bolting shall be done until the structures have been properly aligned. 3.7.5 Bearing surfaces, and surfaces which will be in permanent contact with each other shall be cleaned before the members are assembled. Bearing plates shall be set in exact position and shall have a full and even bearing upon the concrete. As erection progresses, the work shall be bolted to take care of all dead load, wind and erection stresses. All erection bolts used in welded construction may be tightened securely and left in place. If removed, the holes shall be filled with plug welds. 3.7.6 Field bolting shall be in accordance with the requirements specified for shop fabrication. Untrue holes shall be corrected by reaming. Where the surface of a bolted part has a slope of more than 1:20, a beveled washer shall be used to compensate for the lack of parallelism. Bolt heads and nuts shall be drawn tight against the work with a suitable wrench not less than 15 inches long. Bolt heads shall be tapped with a hammer while the nut is being tightened. 3.7.7 Bolted parts shall fit solidly together when assembled and shall not be separated by gaskets or any other interposed compressible material. When assembled, all joint surfaces, including those adjacent to the bolt heads, nuts, or washers, shall be free of scale, except tight mill scale, and shall also be free of burrs, dirt, and other foreign material that would prevent solid seating of the parts. Each fastener shall be tightened to at least the minimum bolt tension as recommended by the pole manufacturer using ASTM A325 or A490 bolts for the size of fastener used. Threaded bolts shall be tightened with properly calibrated wrenches or by the"turn- of-nut"method. Bolts may be installed without hardened washers when tightening takes place by the"turn-of-bolt' method.Any bolt tightened by the calibrated wrench method (or by torque control)shall have a hardened washer under the element(nut or bolt head)turned in to a point not closer than 7/8ths of the bolt diameter from the center of the washer. 3.7.7 Field Painting of Structures: 3.7.7.1 Surfaces where the shop coat of paint has been damaged shall be retouched after installation. The cleaning, pretreatment, and priming of welds and the areas adjacent thereto shall be done promptly after the acceptance of the weld. Care shall be taken to properly mask signs and lantern glass to keep paint from splashing onto these components. Masking shall be removed after completion of the painting process. A sufficient number of paint coatings shall be applied to each structure to result in a uniform finish once completed. All structures shall be air blasted using high-pressure air to remove peeled paint and dust prior to application of primer coat. 3.7.8 Where poles and/or mast arms exist on raised foundations that are to be removed and installed on new foundations, the Contractor shall store these poles, arms, street lights, and wiring until they can be installed on their new foundations. 3.8 Installation of Luminaires 3.8.1 Luminaires shall be securely tightened immediately after the assembly has been installed. If any assembly is found to be loose or asymmetrical in any manner, the Contractor shall be required to remove and rebuild the street light head assembly to the satisfaction of the Inspector. 3.8.2 The Contractor shall mount luminaires level and plumb. s 3.8.3 No exposed cable or wiring will be permitted. 4.0 PRESERVATION OF LANDSCAPING, SPRINKLER SYSTEMS,AND PRIVATE PROPERTY 4.1 The Contractor shall assume full responsibility for the preservation of existing landscaping (sod, shrubbery, trees, and etc.), sprinkler systems, and/or other private property at the site during the installation of items in this contract document. Damaged landscaping, sprinkler systems, and/or other private property shall be replaced within a reasonable time by the Contractor, at his own expense, to the satisfaction of the Inspector. 4.2 No trees or shrubbery shall be cut except upon the specific authority of the Inspector. 4.3 Removal of mailboxes in the way of construction requires 48 hours advance notice to the post office. 5.0 REMOVAL OF MISCELLANEOUS ITEMS 5.1 Removal and Salvaging of Existing Lighting Equipment 5.1.1 All salvage materials will be delivered by the Contractor to the City at a locations designated by the Inspector. The Inspector, assisted by authorized representatives, will serve as the receiving agent for salvage material. 5.1.2 The Contractor will ship and handle all salvage material in a manner so as to prevent damage to these items. Luminaires will be removed from poles prior to shipping. All screws will be tightened into their respective slots to prevent loss during shipping. 5.1.3 The Inspector will identify existing damage to salvageable material and mark damaged items in the field before they are delivered to the City yard. If damage to material is the fault of the Contractor, he or she will have three(3)working days to make repairs or supply like items, at his/her expense, for damaged items. If the Contractor fails to repair or replace damaged items in said time, the City may charge the Contractor for the assessed value as determined by the Traffic Services Manager or designee. 5.2 Removal and Replacement of Curbs and Walks 5.2.1 Contractor shall secure permission from the Inspector before cutting into or removing any walks or curbs,which might be required during construction. 5.2.2 If it is agreed that a sidewalk must be cut and removed, then the concrete must be sawed and broken out and then restored to an equal or better condition than the original. 5.3 Removal of Foundations All foundations subject to removal (as indicated on the plans)shall be razed to a level at least 12 inches below the ground surface if the foundation subject to removal is located within a sidewalk,the foundation shall be removed to a depth equal to or greater than the thickness of the walkway. Once the foundation is removed, the ground surface shall be restored to surrounding conditions. 5.3 Removal of Ground Boxes If the construction plans call for the removal of abandoned ground boxes,then the hole remaining from ground box removal shall be filled and the ground surface shalt be restored to surrounding conditions. Any conduit elbows found in the ground box to be removed shalt be cut back to a minimum of 12 inches below the natural ground surface. 6.0 SAMPLING AND TESTING 6.1 General Notes 6.1.1 Initial testing of all materials,construction items, or products incorporated in the work will be performed at the direction of the City and at the expense of the Contractor, including initial compaction and density tests deemed necessary in connection with the construction of embankment, backfill of structures, or excavation. 6.1.2 In the event that a material, construction item, product incorporated in the work, embankment, backfill, excavation or any other item tested, fails to satisfy the minimum requirements of the initial test described above, appropriate prove-out tests shall be made as directed by the Inspector to determine the extent of the failure and to verify that corrective measures have brought the item up to specification requirements.The cost of all testing necessary to determine the extent of the failure and the adequacy of the corrective measures shall be the responsibility of the Contractor. 6.1.3 The failure to require tests of materials by the Inspector shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to these specifications. 6.1.4 Tests, unless otherwise specified, shall be made in accordance with the latest methods of the ASTM or other approved test methods. The Contractor shall provide such facilities, as the Inspector may require, for the collecting and forwarding of samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. 6.2 Concrete All concrete materials, reinforcing steel, and preparation shall be in accordance with the requirements of the City Standard Specifications for Street and Storm Drain Construction. 6.3 Cables 6.3.1 The Traffic Services Manager or designee may require that all cables be checked for insulation resistance upon installation and prior to termination. The tests shall be made with a test set operating at a minimum of 500 volts DC applied to the conductors. 6.3.2 Each conductor in the multi-conductor street light cables shall be tested for insulation resistance relative to each other and to the outer covering of the cable. The minimum acceptance value for insulation resistance shall be one meg-ohm. 7.0 WARRANTIES/GUARANTEES 7.1 The Contractor guarantees all work performed and materials furnished under this project for a period of twenty-four(24) months following the date of final acceptance. In addition, the Contractor shall furnish any normal manufacturer warranties with effective beginning dates the same as the date of the project acceptance. 8.0 STREET LIGHT MAINTENANCE DURING CONSTRUCTION 8.1 While performing work under this contract, the Contractor bears the sole risk of loss for damages to or destruction of any lighting equipment or appurtenances, on equipment that was not to be replaced or installed under this Contract, but which was damaged or destroyed through the fault or negligent acts of the Contractor. The Contractor shall replace such damaged or destroyed equipment, etc.,at no cost to the City, regardless of whether or not the damaged or destroyed equipment, etc.,was a part of this contract or any warranties under this contract. The Contractor's responsibility shall cease under this paragraph upon written acceptance of a street lighting project by the City. 8.2 The Contractor's responsibility for full operation and maintenance of all lighting equipment shall begin when he starts any type of work which effects operations of existing lighting systems and shall extend through the period of final project acceptance. This maintenance responsibility includes existing cabling systems, existing lighting systems—including lamps, new controllers, new hardware, new cabling systems, and other hardware elements which are considered part of either the existing or the new lighting system. 8.3 It is recognized that the City may continue to make a first response to any trouble call. Action on such response will, however, be limited to determining the cause of the problem, f and notifying the contractor of the problem. Such action will in no way relieve the Contractor of his operation and maintenance responsibility. 8.4 The Contractor shall be required to notify the Inspector or Traffic Services Division at least 24 hours in advance of any planned change-outs or any other field repairs. 9.0 PERMITTING AND BARRICADE REQUIREMENTS 9.1 The Contractor shall be required to obtain a Street Use Permit from the Street Management Section of the Traffic Engineering Division, 311 W 10th St. A copy of the typical traffic control set-up shall be supplied with the permit submittal request. The contractor shall supply a typical traffic control set-up in accordance with the MUTCD. 9.2 If the Inspector discovers that the Contractor has failed to comply with applicable federal and state laws(by failing to furnish the necessary flagmen,warning devices, barricades, lights, signs, or other precautionary measures for the protection of persons or property), the Inspector may order such additional precautionary measures be taken to protect persons and property. (The contractor will not be compensated for this additional requirement) 9.3 In addition, the Contractor shall be held responsible for all damage to work items and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property. Whenever evidence is found of such damage, the Inspector may order the damaged portion immediately removed and replaced by the Contractor at his expense. 9.4 Subject to the approval of the Inspector, portions of this project,which are not affected by or in conflict with the proposed method of handling traffic or utility adjustments, can be constructed during any phase. 9.5 Barricades and signs shall be placed in such a manner as to not interfere with the sight distance of drivers entering the street from driveways or side streets. To facilitate shifting, barricades and signs used in lane closures or traffic staging may be erected and mounted on portable supports. The design of these supports are subject to the approval of the Inspector. 9.6 The contractor shall provide and maintain flaggers at such points and for such periods of time as may be required to provide for the safety and convenience of public travel and contractor's personnel, and as shown on the plans or as directed by the Inspector. These flaggers shall be located at each end of the lane closure and shall be properly attired. The two flaggers shall be in two-way radio contact with each other at all times. Paddles will be required for this project. 9.7 The contractor will not be permitted to commence work on the road before sunrise and shall arrange his work so that no machinery or equipment shall be parked closer than 30 ft. (9.14M)to the traveled roadway after sunset except as authorized by the engineer. 9.8 The contractor shall keep traveled surfaces used in his hauling operation clear and free of dirt or other material. 9.9 The use of rubber-tired equipment will be required for moving dirt and other materials along or across paved surfaces. 9.10 No lane closures on arterial class roadways will be allowed prior to 9:00 a.m. or after 4:00 p.m., Monday thru Friday unless otherwise directed by the Inspector. 10.0 QUANTITIES 10.1 The quantities listed on the Bid Solicitation page are merely estimates based on past expenditures. The City does not guarantee a specific amount of services will be requested or any future purchases. 10.2 The City is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required by the City. 11.0 SPECIAL INSTRUCTIONS TO BIDDERS ON FEDERALLY FUNDED PROJECTS 11.1 If this project is assisted in whole or in part by any federal funds, the work order will be subject to the Davis-Bacon Act(DBA), Copeland Act, Contract Work Hours Safety Standards Act(CWHSSA), and Fair Labor Standards Act (FLSA). 11.2 The Davis-Bacon Act(DBA) specifies the minimum wages to be paid the various classes of laborers and mechanics employed on the project. 11.2.1 The contractor should inform his foreman and subcontractors that this project is subject to periodic employee wage interview visits by City staff and/or federal agencies, such as HUD or DOL, to insure compliance with the aforementioned regulations. These federal officers or City staffs are not to be prevented from conducting such interviews. 11.2.2 The suggested payroll form is WH-347, Payroll. HUD prior to use must approve all other payroll forms. Payrolls must be submitted to the Housing and Economic Development Department, Contract Management Division on a weekly basis within seven days after a Day period end. A pay period is seven (7) consecutive days. Payrolls must be original and must be completely executed. The signature must be that of owner, partner, officer of authorized individual, and must be an original ink signature. It is suggested that blue ink be used. The certification dates must cover the seven (7) day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES"form must be submitted. 11.2.3 The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this contract/work order are to be maintained during the course of work and preserved for a period of three years thereafter. 11.2.4 Liquidated damages will be assessed for failure to pay overtime. The assessment amount is $10 per day per violation. Overtime begins on this project after 40 hours per week. Additionally,wage restitution must be paid to any employee who is underpaid whether the underpayment is due to failure to pay overtime or failure to apply the prescribed hourly rate of pay. 11.2.5 In instances, where the owner of a company performs work on the project, that owner must show himself/herself on the payroll and must show the hours worked each day and total hours for the week. All persons who perform work on the project must be shown on the payroll. The address and social security number for each employee must be included the first time that employee appears on the payroll and any time their address change. 11.2.6 Payrolls are required for weeks in which no work is performed labeled "NO WORK PERFORMED". 11.2.7 The first payroll furnished must show"INITIAL" in the payroll number block. Likewise, the last payroll must show"FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning with number 2, including payrolls labeled "NO WORK PERFORMED". 11.2.8 Deduction authorizations, signed by employees, must be provided for any deduction with the exceptions of FICA and federal tax. 11.2.9 Apprentices may be employed on the project; however, the Bureau of Apprenticeship &Training must certify them and the allowable ratio of apprentices to journeyman must not be exceeded. 11.2.10 Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage decision. The decision, which is applicable to this project, is TX080044. The wage decision must be posted at the construction site along with required posters for the duration of construction activity. Any classification needed which does not appear on the wage decision, must be requested and approved by the U.S. Department of Labor prior to the use of that classification on the project. SEE ATTACHMENT B 11.2.11 If the work classification(s) that you need does not appear on the wage decision, you will need to request an additional classification and wage rate. You are required to identify the classification you need and recommend a wage rate for DOL to approve for the project. For primary contractors this request can be submitted directly to DBA payroll monitor. For subcontractor, the request should be submitted directly to the primary contractor. 11.2.12 Any person who is employed on a piecework basis must be shown on the payroll. The hours worked each day and total hours for the week must be shown. The hourly rate of the piece worker must equal or exceed the prescribed hourly rate for the particular work classification. 11.2.13 Dual work classifications within the same payroll period are acceptable provided that a signed verification of the dual work classification is furnished from the employee. When dual work classifications are used submit the form "EMPLOYEES STATEMENT OF WORK VERIFICATION". 11.2.14 Unless otherwise specified by the applicable wage decision, the classification of "helper" is unacceptable. Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber classification is used there as an example only). 11.2.15 The general contractor will be required to certify that all laborers and mechanics employed on the project/work order(including those employed by subcontractors) have been paid hourly rates as prescribed by the applicable laws. 11.2.16 Work service requested under this project will have a wage decision provide per work service request. The date of the work service or the work order will"lock-in" the wage decision for that work service request. 11.2.17 Failure to comply will result in withholding full or partial payment. 11.2.18 Any questions concerning labor requirements should be directed to the contact(s) below. Questions regarding DBA requirements should be directed through the general contractor who is ultimately responsible for the fulfillment of these obligations. 11.2.19 Wage decisions may be provided by the Compliance Division in the Housing and Economic Development Department through sherry Johnson, Contract Compliance specialist at 817-392-7333; or James Rodriguez, Contract Compliance Specialist at 817-392-7337. ' 11.3 The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the weekly submission of payrolls. 11.4 Contract Work Hours Safety Standards Act(CWHSSA) sets a uniform standard of 40- hour workweek with time and a half the basic rate of pay for all work in excess of 40- hours per week. 11.5 The Fair Labor Standards Act(FLSA) sets out the requirements for payment of minimum wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. 11.6 FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES. 12.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROVISIONS 12.1 If this project is assisted in whole or in part by any federal funds, the work order will be subject to a Disadvantaged Business Enterprises (DBE) goal. 12.2 All proposers shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of DBE in the procurement of services with fees of$25,000 or more by establishing a (DBE) goal. 12.3 The DBE goal on this project is 5%. 12.4 The information shall be submitted with the proposal and shall include: (1) the name, address and telephone number of each DBE: (2)the description of the work to be performed by each DBE and (3) the approximate dollar amount/percentage of the participation. 12.5 If the DBE firm(s) located within the State of Texas is located in the north region it must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency(NCTRCA). If the firm is DBE certified by another agency of the Texas Uniformed Certification Program (TUCP), it must seek M/WBE certification by the NCTRCA. Those firms outside of the State must be certified by the NCTRCA as well. All DBE's must have certification status with the (NCTRCA) in order to be counted towards the DBE goal on federally funded projects prior to recommendation for award being made to the City Council. 12.6 If a proposer fails to meet the stated DBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure DBE participation. 12.7 Failure to submit the DBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated DBE goal may render the proposal non-responsive. The DBE utilization will be part of final weighted selection criteria. 13.0 OTHER REQUIREMENTS 13.1 If this project is assisted in whole or in part by any federal funds, any work orders will be subject to the following applicable federal laws: 13.1.1 Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") 13.1.2 Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.) 13.1.3 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24 13.1.4 Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) 13.1.5 Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) 13.1.6 Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 13.1.7 The Age Discrimination in Employment Act of 1967 (29 USC 62 1) 13.1.8 The Age Discrimination Act of 1975 (42 USC 6101 et seq.) 13.1.9 Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable 13.1.10 The Americans with Disabilities Act of 1990 (42 USC 12101) 13.1.11 National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 13.1.12 The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 13.1.13 The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees 13.1.14 Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F 13.1.15 Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons 13.1.16 Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. 13.2 Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701 u et seq.)and its related regulations at 24 CFR Part 135 13.2.1 If the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts("Section 3 Clause") Such covered contracts or activities include CDBG-funded construction, reconstruction, conversion or rehabilitation of housing as set forth at 24 CFR 135.5. A. The work to be performed under this contract/work order is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract/work order agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e)also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)." 13.2.2 City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements ' shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. 14.0 OTHER LAWS THAT MAY APPLY 14.1 Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG. 15.0 NONDISCRIMINATION 15.1 Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. 15.2 Contractor covenants that neither it nor any of its officers, members, agents, employees, Program participants or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. 15.3 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, Program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 15.4 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 15.5 This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17,Article III, Division 3 "Discrimination in Employment Practices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or Program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. City of Fort Worth, Texas Standard Purchasing Terms and Conditions 1.0 DEFINITION OF BUYER -The City of Fort Worth, its officers, agents, servants, employees, contractors and subcontractors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER-The consultant, contractor, supplier, vendor or other provider of goods and/or services, its officers, agents, servants, employees, contractors and subcontractors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS - No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 4.0 ORDERS- 4.1 No employees of the Buyer or its officers, agents, servants, contractors and subcontractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and bona fide emergencies. In the case of emergencies, the Buyer's Purchasing Division will place such orders. 4.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non-payment. 5.0 SELLER TO PACKAGE GOODS-Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of container, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 6.0 SHIPMENT UNDER RESERVATION PROHIBITED-Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 7.0 TITLE AND RISK OF LOSS-The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 8.0 DELIVERY TERMS AND TRANSPORTATION CHARGES—Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's bid. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's bid or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 9.0 PLACE OF DELIVERY-The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 10.0 RIGHT OF INSPECTION -Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 11.0 INVOICES - 11.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled"Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 11.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate. 12.0 PRICE WARRANTY- 12.1 The price to be paid by Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to Seller's current prices on orders by others, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without liability to Seller for breach or for Seller's actual expense. 12.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting bona fide employees of bona fide established commercial or selling agency is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 13.0 PRODUCT WARRANTY-Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract avoidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the bid invitation, and the sample(s)furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 14.0 SAFETY WARRANTY-Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act(OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made Seller shall refund all monies received for such goods with thirty(30)days after request is made therefore and confirmed in writing: failure to do so shall constitute breach and cause this contract to terminate immediately. 15.0 NO WARRANTY BY BUYER AGAINST INFRINGEMENTS OF PATENTS, COPYRIGHTS OR TRADE SECRETS -As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with Buyer's specifications attached to Buyer's invitation to bid will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to Buyer's specification will not give rise to such a claim and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like, if Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing within two (2)weeks after the award of this bid, if Buyer does not receive notice and is subsequently held liable for infringement of the like, Seller will indemnify for the full dollar amount thereof. If Seller in good faith ascertains within two (2)weeks after the award of this bid that production of the goods in accordance with Buyer's specification will result in infringement or the like this contract shall be null and void except that Buyer will pay Seller the reasonable cost of Seller's search as to infringement. 16.0 PROPRIETARY RIGHTS INDEMNIFICATION -Seller warranties that the goods do not infringe upon or violate any United States patent, copyright, or trade secret. Seller will defend at its expense any action against Buyer or Buyer as licensee to the extent that it is based on a claim that goods used within the scope of the license hereunder infringe upon a United States patent, copyright or trade secret, and Seller will pay any costs and damages finally awarded against Buyer or Buyer as licensee in such actions which is attributable to such claim. Should the products become, or in Seller's opinion be likely to become, the subject of any claim of infringement, Seller shall procure for Buyer or Buyer as licensee the right to continue using the goods, replace them or modify them to make them non-infringing, or discontinue the license of them. 17.0 CANCELLATION- Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller, or if Seller files for bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 18.0 TERMINATION -The performance of work under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination"specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer as set forth in clause 13, herein. r19.0 ASSIGNMENT- DELEGATION - No right, interest or obligation of Seller under this contract shall be assigned or delegated without the written agreement of Buyer Purchasing Manager. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 20.0 WAIVER- No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 21.0 MODIFICATIONS-This contract can be modified or rescinded only by a written agreement signed by both parties. 22.0 INTERPRETATION AND PRIOR EVIDENCE-This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the ' terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this agreement. Acceptance of or acquiescence in a course of performance under this agreement shall not be relevant to determine the meaning of this agreement even thought the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code(UCC) is used in this agreement, the definition contained in the UCC shall control. 23.0 APPLICABLE LAW-This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code"or"UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 24.0 INDEPENDENT CONTRACTOR-Seller shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and sub-contractors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, contractors and subcontractors. 25.0 INDEMNIFICATION -Seller covenants and agrees to, and does hereby, indemnify and hold harmless and defend Buyer, its officers and employees, from and against any and all suits or claims for damages or injuries, including death, to any and all persons or property, whether real or asserted, arising out of or in connection with any negligent act or omission on the part of the Seller, its officers, agents, servants, employees or subcontractors, and Seller does hereby assume all liability and responsibility for injuries, claims or suits for damages to persons or property, of whatsoever kind or character, whether real or asserted, occurring during or arising out of the performance of this contract as a result of any negligent act or omission on the part of the Seller, its officers, agents, servants, employees or subcontractors. 26.0 SEVERABILITY-In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 27.0 FISCAL FUNDING LIMITATION - In the event no funds or insufficient funds are appropriated and budgeted or are otherwise available by any means whatsoever in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. t28.0 NOTICES TO PARTIES- Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered a the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Forth Worth, Purchasing Division, 1000 Throckmorton, Fort Worth, Texas 76102, and notices to Seller shall be conclusively determined to have been delivered at the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to bid. 29.0 NON-DISCRIMINATION -This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of same and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, contractor or subcontractors herein. 30.0 RIGHT TO AUDIT- Seller agrees that the Buyer shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller involving transactions relating to this contract. Seller agrees that the Buyer shall have access, during normal working hours, to all necessary Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying Buyer performs on Seller's equipment or requests Seller to provide. The Buyer shall give Seller reasonable advance notice of intended audits. 31.0 DISABILITY- In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its subcontractors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subcontractors against Buyer arising out of Seller's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 32.0 FEDERALLY FUNDED WORK ORDERS—Any work orders assisted in whole or in part by any federal funds will be subject to but not limited to the following federal regulations: the Davis- Bacon Act(DBA), Copeland Act, Contract Work Hours Safety Standards Act(CWHSSA), and the Fair Labor Standards Act(FLSA). Federally funded work order requests will be subject to a Disadvantaged Business Enterprise(DBE) goal. Revised September 19, 2006 r ATTACHMENT B PagC 1 4.4 3 llumb�r: T',:,-A-Om,44 4 4 tu0b ex: "'V 'Q 4r r11,:'t1,1n Type Parlor ani TaLtirt co.,unti-z In '1h,:1udjLng Water 4tj<j Lines, Humber Public-ati'z'n Date 4 1 Pecs P91rzTTEF. --------------------- - ------------------------ ------ --------- Pate's irsrigas . . . . . . . . . . . .. . . . . . . . .. . It'. 401 . . .. . . . . .. . . .. . . . . .. .. . .. .. . . . . . . F,.)r m ::.attar. . . . Ati Lab-..rare Cc,mw.•n. . . . . . . . . . . . . . .. . . . . . . ;it ility. . . .. . . . . . . . . .. . . . . . . PAlkrMP Pi . . . . .. . . . . . . . . . . . . . . . . . LIA) eIuLF-mtfonf.- •-per-mft.�rs: Bac k h!,a. . . . . . . . . . . . . . . . . . . .5 Zl.84 sulld�=er . . . . . . . . . . . . . . . . . . . 1,-..7 aF �-rl an 13.4 Ft:',rtt &lid L,7.,vier . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ... Fr,,,,t•,--,c7i r.,: . 1�11. :4 . . . . . . . . . . . . . . . .. 44 -- ----------------- WELDER -. - , zat4 for craft perfoLuurq which wveldinq in,7ti dent_31 . c==--ore--- ------------- ....... hup.l.-'mm Wdol-WN,wdcoli.watlies:'davisbacoinvTX44.dvb Bid 09-0291 Street Light Installation 62 of 68 'A 1e i L n f, L I FF t til• L y ,4•'AIT,14 <rSl• 11I1j,.JQ• t• r.rric ')rt—r J—tmineci to b'* tn Ini? i-ij T n,:,tj•-NYj tj nd-c-r i n"I rmittiati.an Ill C t 1,1 a:5 t pR%t t-,j j t At'O f rul ing a t I "kej x t-qu e-.%r. 511:-,cfjrj bf- with the Hru r ri:iL the area in which the C, n .L,7r_ duz.*t e)ff . . JJaV, r*&pQnzxbIj i v.y (•-.r the rxr-qram. if the r-*pc,1.b- thi% init ill 7 4•7*r I n4 L j e:f 4"r.t t t,p, t t,e p r 1 All I J J'f, t 4-a in To .1"y ->th-�x CiSacr.sr n-•t I:L p.!, 1�-L the fC-rmal initial .%.nt' Brar...,h o! 't"t 1— with the �-(- F.U C-t 11:-b Warta I-se t e r,*,t n a t:I on Writ,- ro: 6x•sn'Th -it C<--n-strtiction Wage n1144 MrAX41 Vivl";I• rl •4 Lat-.:,L Avvmm.--, ri-w. vc r tit.- antiw.,r ro ths* question In I . 1.4 ves, then an aff---rt4d bV the- actions can reque&t re•7c-ngi-1ev;sti•-,n from the W.s7. and Kejur jD101min t r And L!4.,p4rtment --:-t "bur <."VnStittitiors 7iYrl,rtr, H,W. UasNinqtcm, ric ::u-,j(! Th.- fu,.l -C r,t "A:r Y'C 'Ikf'y 1-1fC'"Lation 11.4"Ja area pra•zti_•.• mar.-rial, r.he issue. - rf the Aec1-4slon nr th- AdMinistrator is roor. r4,Or&b1q, an lnto"est'ed Party fDAY APPO-.41 stir..-ctLy to the - Ac b6i m j.y t rat i,,,4 RPVIr•Vj Et•--ar,1 the Wage Appeals Ho-ardi . Writc- to-, llt#P f WdOl 90v/*VdOtlscai'lltsldavisbaccmvlrX44 d%,b Bid 09-0291 Street Light Installation 63 of 68 ulik,i n r t.r i It I L f 1 .•11 A III I&- As A,trpi n L:z r rd t in a I 1 FfJ I L UE,-I 1 1 In Bid 09-0291 Street Light Installation 64 of 68 PART E Certificate of Insurance Contractor Compliance with Worker's Compensation Law Experience Record Equipment Record J Maintenance Bond Performance Bond Payment Bond 4 w CERTIFICATE OF INSURANCE Use the current ACCORD Certificate of Liability Insurance form. F-2 CERTIFICATE OF LIABILITY INSURANCE DADDIYYYY) 2//4/24/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Southwest Assurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12201 Merit Drive, Ste 795 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75251 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Valley Forge Insurance CO. 20508 Bandera Utility Services, LP, DBA: INSURER B:Continentai7 Insurance Company 35289 Forcecon Services, LLC INSURERCNavigators Insurance Company 5525 Egg Farm Road, Suite 2800 INSURER-D:Te as Mutual Insurance Co. Keller TX 76244 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - -- INSR DD'L POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER DATE MMIDD ATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY D AZ`iE T RENTE —..L PREMISES Ea occurrence) $ _ 3.00 000 A CLAIMS MADE XJ OCCUR 4013517442 2/5/2010 2/5/2011 MED EXP(Any one person) $ _ 5,000 PERSONAL 8 ADV INJURY $ _ 1,000,000 _.. _.. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2 000 000 X POLICY PRO- -_ LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,0010 ANY AUTO (Ea accident) I 1 B ALL OWNED AUTOS 4013517425 2/5/2010 2/5/2011 BODILY INJURY X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ -- --- --- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 9,000,000 OCCUR CLAIMS MADE AGGREGATE $ 9,000,000 $ C DEDUCTIBLE H010EXC5688061V 2/5/2010 2/5/2011 $ RETENTION $ $ D WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N , X T RY LIMIT ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) SF0001184808 10/23/2009 10/23/2010 E.L.DISEASE-EA EMPLOYEE $ 1,000 000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A OTHER Inland Marine 4013517442 2/5/2010 2/5/2011 Any one Item $300,000 Leased/Rented Aggregate $650,000 Equipment $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Fort Worth, its Officers and Employees are named as Additional Insured. Waiver of subrogation in favor of the City f Fort Worth is including on the General Liability Y g y policy as required by written policy. {< CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 311 W. 10th Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Fort Worth, TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. FAUTHORIZED REPRESENTATIVE Bart Russ/SOPHIE ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200901) The ACORD name and logo are registered marks of ACORD CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No. N/A and City of Fort Worth Project No. TPW—TS-2009-002. CONTRACTOR By: Name: f)6J l0 Title: Nib LGLL4(q-dam fDate: /0 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared IpAyi S (.c�}�i <<�T�, known to me to be the person whose name is subscribed to the foregoi� instrument, and acknowledged to me that he executed the same as the act and deed of �-��2-nezco�c , 4-f-c— for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of , 20J Notary Public in and for the State of Texas ELLEN W ,4 MY COMMISSION EXPIRES Apil4,2012 F-3 EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion rList Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety F-4 ATTACHMENT PAST PERFORMANCE A. RECORD OF PAST PERFORMANCE Contractor's Company Name: Fib sa o zd C,dS , L.L4t4t Address, City, State, Zip Code: Business Phone Number. .�, Contact Person and Position: ' Federal tax identification number or social security number, as applicable to the legal entity that will be performing as the Primary Contractor under any resulting Contract n t m) ccs�i Primary Type of Business of Bidder (General Contractor Roofer Builder, Specialty—Trade, etc.) Accredited by the Better Business Bureau: Contractor's Total Number of Employees: Ownership Type: -�--C (Sole proprietorship, limited partnership, limited llabdity company(LLC), corporation (for-profit), nonprofit corporation) Date/Year Business Established/Founded: What type of work or services do your firm/company/organization specialize in. Please check all licenses or certifications that you currently hold: (provide tes of 11CMW erberti. to for ver fc"w): Cap'6 Peat Pl�cba ..� l16r5 What percentage of your services is completed in-house by your employees and how much is out sourced/subcontracted? ' ) What services will be out-sourcedisubcontracted out? Klok, Do you understand that any work requests resulting from this bid(that are in whole or in part funded by any federal funds)will be subject to but not limited to the following federal regulations:the Davis-Bacon Act(DBA), Copeland Act, Contract Work Hours standards Act(CWHSSA), and the Fair Labor Standards Act(FLSA)? aYes Q No 0 Not Sure II N Do you understand that any work requests resulting from this bad(that are in whole or in part funded by any federal funds)will be subject to a Disadvantage08usiness Enterprise(DBE)goal. Yes []No M Not Sure Have you ever worked in a project that was funded in whole or in part with federal funds? If so, are you familiar with Davis Bacon?Please explain: Bid 09-0291 Street Light Installation 42 of 68 ATTACHMENT 11 TRADE REFERENCES COMMERCIAL CUSTOMER CLIENTS AND/OR GOVERNMENTAL AGENCIES REFERENCES Provide a minimum of two (2) references for which your finn1mganization has carried out similar services outlined under this bid since January 2008. References must be current, and should be relevant to the required services. Commercial Customer Client/Governmental Agency Reference#1 Company Name: Contact Person Name: Phone Number: aL4 Y a-- Address, City, State,Zip Code: j9oa� Qp t Product and/or/Service Provided: Ala JT( Date and Length of Employment: c 'ripC 3.0C39 Contract Value: Commercial Customer Client/Governmental Agency Reference g2 Company Name: ��� � - eC... Contact Person Name: i Phone Number. Address, City, State,Zip Code: EaN 11�+tl-r,�.,_.TTTI����.rtWtJ21" �7NiTlC `7ta10� ' Product and/or/Service Provided: Date and Length of Employment: Contract Value: Commercial Customer Client/Governmental Agency g ncy Reference#3 f Company Name: r Contact Person Name: Phone Number. "j—'�7'_ Address, City, State, Zip Code: Q � 0 Product and/or/Service Provided: umarm&uAkN Date and Length of Employment Contract Value: t��iS�tJ, 75 Bid 09-0291 Street Light Installation 43 of 68 ATTACHMENT II (CONTINUE) Commercial Customer Client/Governmental Agency Reference 04 Company Name: Contact Person Name: Phone Number: Address, City, State, Zip Code: Product and/or/Service Provided: Date and Length of Employment: Contract Value: Commercial Customer Client/Governmental Agency Reference#S Company Name: Contact Person Name: Phone Number. Address, City, State, Zip Code: Product and/or/Service Provided: Date and Length of Employment: Contract Value: Commercial Customer Client/Governmental Agency Reference#6 Company Name: Contact Person Name: Phone Number: Address,City, State, Zip Code: Product and/or/Service Provided: Date and Length of Employment: Contract Value: Bid 09-0291 Street Light Installation 44 of 68 r ATTACHMENT II(CONTINUE) TRADE REFERENCES Provide a minimum of four(4) trade references. The references must be current and should be relevant to the required services and/or product. Trade Reference#1 Company Name: ��C�kl .► i.�C:' Provide the name of the company with who you have established a successful business relationship. Contact Person Name: �'T� X- Provide the name of your contact with the company, with who we may discus:your bade r+ahrenae. Address, City, State,ZJp Code: 20 Provide the complete maiting address of this company. Credit Extended: -_ kQD.mz-) -� Provide the amount of credit yobr trade reference has extended to you Phone Number 14- 2 - Z3':� Provide the phone number of your bade reference contact person Last Purchase Date: '-tq-1 C-) Provide the date on which you last purchased productsibervices from thle company Product/Service Purchased: Lam)%'Q P_ 2121E � d���c4, Provide the type of product or service purchbsed ftnt this company Trade Reference 02 Company Name:�C'i SAS i L Provide the name of the company with who you have established a successful business relationship. Contact Person Name: -� 4A eb-I Provide the name of your contact with the company, with fto we may discxrss your trade n0i rence. Address,City, State,Zip Code: - Provdde the complete mailing addiess of this company. 3 Credit Extended: . "1'C='yx�n -}- Provide the amount of credit your trade reference has extended to you Phone Number: 0 L - Provide the phone number of your trade reference contact person Last Purchase Date: k� a57cp Provide the date on which you last purchased pnoducta/servkes from than company Product/Service Purchased: 00 f?i _ I�A( ()-NAx( PS Provide the type of product or service purchased from this company Bid 09-0293 Street Light Installation 45 of 68 ATTACHMENT 11(CONTINUE) TRADE REFERENCES Trade Reference#3 Company Name: in� Provide the name of the company with who you have established a successful business relationship. Contact Person Name: Provide the name of your contact with the company, with who we may discuss your trade reference. Address, City, State,Zip Code: �1)�W! Ra-1( �rTL�k�T(f�T('�,A gQ-�,gq Provide the complete mailing address of this company. Credit Extended:-f Q,QQQ .4)O Provide the amount of credifyour trade reference has extended to you Phone Number: Provide the phone number of your trade reference contact person Last Purchase Date: Q I 10 Provide the date on which you Id&purchased praducts/services from this company Product/Service Purchased: _ '' ItptM �T �,- L_ Provide the type of product or service purchased from this company Trade Reference#4 Company Name: Provide the name of the company with who you have established a Juc6esWl business relationship. Contact Person Name: iL, &1Z-V-- Provide the name of your contact with the mpany, with who we may discuss your trade reference. Address, City, State,Zip Code: Provide the complete mailing address of this company. Credit Extended: M mnay Provide the amount of credit r trade reference has extended to you Phone Number g ;az q. i-O-(Q5C� Provide the phone number of your trade reference contact person Last Purchase Date: 1�/ �(Q//C) ® Provide the date on which you last rchased products/services from this company ® Product/Service Purchased: Provide the type of product or service purchased from this company Bid 09-0291 Street Light Installation 46 of 68 ATTACHMENT 111 FINANCIAL REFERENCES Provide a minimum of two(2)financial references. The references must be current, and should be relevant to the required services andhor products. Financial Institution Reference#1 n Company Name: �S-G��.l� P-A"K Provide the name of the company with who you have established a successful business relationship. Contact Person Name: -�7A P O Provide the name of your contact with the company,with who we may discuss your trade reference. Adjjress,City, State,zi Code: T Provide the complati mailing address of 1his company Phone Number 03"S(J-A-rl-OLo Provide the phone number of your trade reference contact person Credit Extended: Provide the amount of credit your financial reference has extended to you Financial Institution Reference#Z Company Name: Provide the name of the company with who you have established a successful business relationship. Contact Person Name: Provide the name of your contact with the company,with who we may discuss your trade reference. Address, City, State,Zip Code: Provide the complete mailing address of this company Phone Number: Provide the phone number of your trade reference contact person Credit Extended: Provide the amount of credit your financial reference has extended to you Financial Institution Reference 93 Company Name: Provide the name of the company with who you have established a successful business reationship. Contact Person Name: Provide the name of your contact with the company, with who we may discuss your trade reference. Address, City, State,Tip Code: Provide the complete mailing address of this company Phone Number: Provide the phone number of your trade reference contact person Credit Extended: Provide the amount of credit your financial reference has extended to you Bid 09-0291 Street Light Installation 47 of 68 EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: F-5 PERFORMANCE BOND Bond No_ F21122 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § I-hat we. (l) Forcecon Services LLC as 1)i-tnclpai herein. and (2) ACSTAR Insurance Company a corporation organized under the laws of the State of(3) Illinois and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound LIMO the City of Dort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas.Obliuee herein, in the sum of One Hundred Five Thousand, Five Hundred Thirty ' Nine and 901100 Dollars($ 105,539.90 i for the payment of which sum we bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WI IEREAS. Principal has entered into a certain written contract with the Obligee dated the 10th day of February 20 10 ,a copy of which is attached hereto and made a part hereof for all purposes, for the construction of STREET LIGHT CONSTRUCTION SERVICES IN t°ON:t ECTIO,N' 47TH PRO.IF(I'T NO. TPii=TS 2009-0002 BUT SPECIFICALLY LIMITED TO PROJECT NO. r '17,,1 A7J 11 EIGHTS .STREET LIGHT. ITEMS NO 1 THROUGH NO 40 ON CITY OF FORT WORTH 1 R,:NSI'ORY t TIOVAND PbIBLIC IVORKS DEPARTMENT SCHEDULE DATED FEBRUARY J,2010. NOW. THEREFORE- the condition of this obligation is such, if the said Principal shall faithfiGhy perlbrm the work in accordance with the plans, specifications,and contract documents and shall fully indemnify and hold hannless the Obligee from all costs and damages which Oblioec 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 ' shal l 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 W FENESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 8th day of March 20 10. Bond No. F21122 Forcecon Services, Inc. PRINCIP AT IFS By: Name:� WNW Kam' P�,rtpal) Secretary Title: S E A L, �' 5 Address: C�6 rzi� TV- —AaWq v Jitneys as i ' ACSTAR Insurance Company SURETY ATTEST. By:¢ `�`,—14efiry W. Nozko,Jr. Name: President Secretary Henry W. Nozko, III Attorney in Fact (S E A I Address: 233 Main Street New Britain Connecticut 06051 Witness as to Surety Telephone Number. 860-224-2000 ' NCTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety ' Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. ri! Bond No F21122 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 'l:al w c. 1) Forcecon Services. LLC as f'rin�ipai Ecrein_ and t?i ACSTAR Insurance Company a :or porat;on organized and existing under the laws of the State of(3) Illinois as ,urctv, are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Hundred Five Thousand, Five Hundred Thirty Nine and 901100 Dollars($ 105,539.90 ) for the ' pa�went thereof; the said Principal and Surety bind themselves and their heirs, executors, administrators. successors and assigns,jointly and severally,firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee uaicd tine 10th day of February ,2010 , which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: ,STREET 13GHT CONSTRUCTION SERNM5 IN CONNECTION R'ITH PROJECT NO TP{f Tg-2;)09 0007 13,( ';_SPECIFICALLY LIA•fITED TO PROJECT NO. TERRELL HEIGHTS STREET LIGHT ITEAfS \U 1 YiNOLVII NO. 40 ON CITY OF FORT WORM TRANSPORTATION AND PUBLIC WORKS l 7J_P:tT.�T:t/F.:_r,SNC'1fl;DG't.l: W7ED FEBRUARYA, 2010 SOW. THFIZEFORE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the � said 1'rineipal shall faithfully make payment to each and every claimant (as defined in Chapter 2 . fox as Government Code, as amended) supplying labor or materials in the prosecution of li7e x.;ork 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 %vith the provisions of said statute, to the same extent as if it were copied at length IN \t'I'TNESS WHEREOF, the duly authorized representatives of the Principal and the Surct,; lase executed this instrument. SIGNED and SEALED this 8th day of March ,20 10. till 3 {" 'V71 j z i"A. Bond No F21122 Forcecon Services, Inc. PRI I ATTEST , By: _ '��_ _ Name: Pr n Rpai) Sepretary Title: &1ZL14a4nlG 2dt`A S E A L; Addre s: Sr \Uqt, ss to Principal ' ACSTAR Insurance Company SURETY ATTEST. By: �- my W. Nozko, Jr. Name: President Secretary Henry W. Nozko, III Attorney in Fact SEAL} Address: 233 Main Street New Britain, Connecticut 06051 Witness as to Surety Telephone Number. 860-224-2000 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 IPower of Attomey shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. J J J MAINTENANCE BOND S� �� -SEWTS InsiranCe Company a corporation - . S�� o! (�ure�'). do hereby acknowledge �emus|vea �c City of Fo�Vo�h. a Municipal Corporation chartered by virtue c�bnun� ,o Pay unto the {ovvc of the State of Texas. (,`City') in Tarrant County. Texas, the num of One 7;11��usand Five Hundred Thirty Nine and 901100 Dollars lawful money of the United 8tuheo, for payment of which sum weU and �n�o �aid C�y and its successors. said Contractor and Surety do hereby b�nd executors, adminiotratpm, assigns and successors,jointly and severally. �m �,o.|goxon /aconditioned, however, that: .'HERE6� said Contractor has this day entered into awritten Contract with the CA�y of Fc�-t J 1�& I 3tn C February 20 10 m copy of which is hereto attached and made a ,�-\ha :xertorn`ancaof the following described public improvements. I�?RI-J,l H8ERJI/" i�!-�^���/ /eferrao to nonein and in said contract as the Work and being designated as project � and said uont/act, including all of the specifications. eoI-ia. change orders and written instruments referred to therein on Contract Documents 0N U o/po'a1edrurein and being made m part hereof; and, vvHERE�S in wu.0 Contruc1. Contractor binds itself to use such mahmno|a and to so cons1rucl ra/na'r, in good repair and condition for and during a period ofafter'Une data of m~ , --� wsmoytmaCity and said Contractor binds itself no maintain said work in good repair and 0� said \enn of Two Years and ^ 3 said 'Contractor binds itself to repair or reconstruct the Work in whole or m said penoo, if in the opinion of the Dirmcbo r of the City of Fort Worth ~~ a oenecessary: and, ` Bond No. F21122 VVHEREAS. 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 C or;tract_ 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 Ccntractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF,this instrument is executed in one counterparts, each of ' which shall be deemed an original, this 8th day of March A.D. 20 10 . ATTEST- Forcecon Services LLC (S E A L; Contract r Secretary Name: �r1t/�l b %i A411AI L Title: f' ,4kj a 1,Lje, �9i2i�ctO2 ATTEST. ACSTAR Insurance Company (S E A L) Surety By: ...- Secretary Henry W. Nozko, III Name:4r�W Nozko Jr. Title: President. 233 Main Street New Britain Connecticut 06051 Address „ R INSURAN E COMPANY 253 6WN S-REF-•P O BOX 2350•NEW BRITAIN CT 0605P2350•NO.224-20LC BOND NO. F21122 STATUTORY COMPLAINT NOTICE To obtain Information or make a complaint: '1'ou may call the Surety's telephone number for information or to make a complaint at: 1-860-224-2000. You may also write to the Surety at: ACSTAR Insurance Company 233 Main St. P.O.Box 2350 New Britain,CT 06050-2350 You may contact the Texas Department of Insurance to obtain information on companies,coverage,rights or compiaints at 1-800-252-3439. You may write the Texas Department of Insurance at P.O.Box 149104 Austin,TX 78714-9104 Fax#:512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of insurance. RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance ACT of 2002{the"Acts.No action is required �1 on your part_This Disclosure Notice is incorporated in and a part of the attached bond,and is effective the date of the bond. You should know that, effective November 26, 2002,any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutory established deductible paid by the insurance company providing the coverage. ' Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000. during the applicable period for all insureds and all insurers sombined. In that case, we will not be liable for the payment of any amounts which exceeds that ' aggregate amount of$100,000,000,000. The portion of your premium that is attributed to coverage for acts of terrorism is 50.00. IMPORTANT NOTE:THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. Exclusion of Liability for Mold,Mycotoxins,and Fungi The Bond to which this Rider is attached does not provide coverage for,and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. �J J �,!A,X:�-;�F[7•P C BOX 2350 Bond No. F21 122 POWER OF ATTORNEY I i., ;,,)wc-r jt Attorney must have original corporate seai,and red and blue ACSTAR logo to be valid. all rnen by these presents: Ti-,az ACSTAR insurarce Company a corporation of the state of 11inois,riav,nq •11V i,:-at ,,:t-,-: ,,,rsaani tc trie'orlowing Reso,ution wti,cr,was adopted by the Board of Directors of the s&ri bon �--t t,,e Ft e;sriaif gove'r'lie execution.for the Company of as.undertakings,recogneances,contracts and other writings it tne nature I,P Fra-idpr: an;Jua Piasioari and Cenral Counsei,or any Attorney-in-Fact,may execute for ar4on behalf ofthe Company any and all bongs.under- I-- ts�, -i, ire thereof.the same tc be attested when necessary by the Corporate Secretary,or any Assistant Corporate _rd D: -;*r1finas ir!heiatL "d ne f_zzirpar,affixec there tc,and t!kt the Chairman or President may appoint and euittiorize any other Officer(elected or appointed)of the Company, S-,ext.�i;-,le arest extr";or.of a:such writings or behalf of the Company and to affix the seal of the Company thereto. ec; dare t s!:RL*.wall Oe as banding upon tne Company.n any care as though Wed byte President and attested to by the may be affixed by facsintge on any power of attorney granted pursuant to this Resoution. fu 4_av—,317 t!ro P,i-rider o,a Vice President o4 the Company la--siThe ar;cwlioncate c!any sucri Dowef,and any such rower or certificate bearing such tascirnift squature and seal Shelf be valid and binding -.`Ncam of the Carcany,3ncAt.o-neys-;n-Fwcshafi have autborrty to certify or verify copies cifthis Resolution.the By-Laws of the Company,and any affidavit or il,,�' -&cessar�,to I, n L:1 S :i� UcmpaT y i the discharge of their d le a 3wroty!1117;inale,Con.1,utute and appoint I_` IR J L,ZK­ .H_ iwGBE H. FRAZER. DAVID A. PRICE. MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO W, vjdue,�I�,,, its-.-ue sri laoilul Attorney 'r-Fact,to make,execute,seal and deliver on its behalf.and as its act ard dead t,cw 11vi.ui::1e--Iakinc.,.feccgri,zances,contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION eac',i, Lnu!he exec6t*,i of such writings in pursuance of these presents,shall be as binding upon said Company, u y nao beer;cuiy executed and acknowtedged by the regularly elected officers of the Company at its principal office. N Wi i N ESS WHEREOF,F oni y W.Nozko,dr_President,has hereunto subscribed his name and affixed the corporate seal of ACSTAR .,isuianca Company It 2.ctlrday ov'Sep,.embar 2M3. ACSTAR Insurance Company by Henry W.NbAo Jr. &t c D"4 0 71 C j !7, iss.%`EVJ BRITAIN u tzll,s 25,.n uay cf Scoternoer2008,before me,a Notary Public of the State of Connecticut came,Henry W.Nozko,Jr.,President of ACSTAR ir—surance Company,t,. me piarso,,jajsy Known to be the individual and officer who executed the preceding instrument,and he sc<,ioviedged zhal he execu!eaf the same,and the seal affixed to the preceding instrument Is the corporate seal of said Company;that the said sea i ana hz sinatures were duly affixed by the authority and direction of the said corporation,and the Resolution adopted by the Board > io`sad Company.referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have 1,.ereurto sell my hand and affixed my official sea]at the City of New Britain the day and year first above e OTAI? iii B k U LI c "o Notary Public-Diane L Plante C-T ;nzd.Secretary or Assistant Secretary of ACSTAR Insurance Company,do hereby certify that the original POWER .an ne foregoing is a full,true and correct copy,is in full force and affect. ,esis n erec;f have hereunti:subscribed my name as 2CI 0 as Secretary or Assistant Secretary,and affixed the corporate seal of the ---day of Ma rc ow qV0?1(1 Henry W.Nozko III/Michael P.Citone Secretary/Assistant Secretary EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: F-5 to � 0c000tO0 p» � NNtOOOtON04 � � tCO I,- OtOv m0 to CD 0pt- 00 LO LO 1� OtOG00 � MNt�O Cl NCD W LO p � oU) r- I" OOD000' N10w �tOMN O � mcvvvNNm � NtOV OCOOto Gp � p � O � MO1,- 1- 001,- p 0000tO � � OONGOmm � O + M � Z NM � wWC9C9C9C9C9C� �} tOLL1CA000C) � � COCfltO (� � XX � OOI- I. 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JtDOI- 00 JO W � c� mm � ¢ gaQ � O � _ QvMM - � zQF- � 00 °r° U >- a0 >- w z � � � Q OzOf LL UU 'n w w QW W w2 �' co J2 J OJ .JI JOJJJ V Wh-� � � � 0 ZOOz = 2MIMIMM » » Z � Ow U` U' DU 2 � LL = 0 IT 00 00 00 d) O O tp CD N v CD 0000 O 00000mM mm O O CA CA O O O O CA m W m CA O O N N N N � r N N M � 04 M aO ° OO � OOO � oo d O 2 � � � » > � � MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That ("Contractor'), as principal, and a corporation organized under the laws of the State of , ("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 Dollars ($ ), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the of , 20_, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: 1 the same being referred to herein and in said contract as the Work and being designated as project number(s) and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Transportation/Public Works, it be necessary; and, F-6 WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF this instrument st ument is executed in counterparts, each of which shall be deemed an original, this day of A.D. 20 ATTEST: (S E A L) Contractor B : Y Secretary Name: Title: ATTEST: ' (S E A L) Surety By. Secretary Name: Title: Address F-7 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) as Principal herein, and (2) a corporation organized under the laws of the State of(3) , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Dollars ($ ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, ijointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of , 20_, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas ' Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this day of 20 PRINCIPAL ATTEST: By. Name: (Principal) Secretary Title: (S E A L) Address: Witness as to Principal F-8 SURETY ATTEST: By. Name: Secretary Attorney in Fact (S E A L) Address: Witness as to Surety Telephone Number: 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 bond shall not be prior to date of Contract. ' F-9 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) as Principal herein, and (2) ' , a corporation organized and existing under the laws of the State of(3) , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: ' WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the_ day of , 20_, 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: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. ' PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this day of 20 _ F-10 PRINCIPAL ATTEST: By: Name: (Principal) Secretary Title: (S E A Q Address: Witness as to Principal SURETY ATTEST: By: Name: Secretary Attorney in Fact (S E A L) Address: Witness as to Surety Telephone Number: ' NOTE: (1) Correct name of Principal (Contractor). (4) Correct name of Surety. (5) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. F-11 a n PART F 1 1 Contract 7 7 1 7 3 7 1 STATE OF TEXAS § § KNOWN ALL BV THESE PRESENTS: COUNTY OF TARRANT § This Contract is made and entered into this the 10th day of February, 2010, 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 its duly authorized Assistant City Manager, and Forcecon Services, ' LLC., hereinafter referred to as "Contractor," by and through its duly authorized representative. WITNESSETH: That Owner and Contractor agree as follows: 1. L That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Project: TASK ORDER STREET LIGHT CONSTRUCTION SERVICES AT VARIOUS LOCATIONS CITY WIDE Project No.: TPW-TS-2009-002 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, but are not limited to, the notice to bidders, instructions to bidders, special instructions to bidders, proposal, plans, specifications, maps, drawings, notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, work order(s), this Contract, each individual work/task order and the payment, performance, and maintenance bonds, insurance forms, and all addenda. 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, materials, supplies, superintendence, insurance, bonds and equipment necessary for the construction and completion of said project in accordance with the Contract Documents prepared at the direction of the Owner. The STREET LIGHT INSTALLATION Page I of 4 Contract Documents are incorporated by this reference and made a part of this Contract 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 Owner and to complete same within the time stated in Article 5. 5. The Contractor hereby agrees to prosecute said work per each task/work order with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Owner within the number of days set forth in each task/work order. If the Contractor should fail to complete the work as set forth in the plans, specifications and other Contract Documents within the time so stipulated, plus any additional time allowed as provided in the general conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $210 per calendar day, 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 the plans, specifications and other Contract Documents, then the Owner shall have the right to either (1) demand that the Contractor's surety take over the ' work and complete same in accordance with the plans, specifications and other Contract Documents or (2) 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 Owner shall exceed the contract price or prices set forth in the Contract Documents, the Contractor and/or its surety shall pay Owner upon its demand in a writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 1 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 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. STREET LIGHT INSTALLATION Page 2 of 4 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 Owner, if deemed appropriate, may refuse to accept bids on other City of Fort Worth public work projects from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City of Fort Worth contract. i 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 bi-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 an amount up to Five Hundred Thousand Dollars ($500,000.00) for the cumulative work/task orders issued. 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 by Contractor without the written consent of the Owner. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. Other minimum wage per hour tables published by state or federal regulatory agencies, included in these documents, may be included and supersede the City of Fort ' Worth minimum wage per hour tables. 11. It is mutually agreed and understood that this Contract is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. STREET LIGHT INSTALLATION Page 3 of 4 IN WITNESS THEREOF, the parties hereto have made and executed this Contract in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: (Contractor Entity Name) I / Assistant City Manager Name t Title /-/AJV&,i,G ftr"�� RECOMMENDED: Director ¢ " % F FOB k� i5cv�✓ Department A A 0'1 °A v' o 0 `o ATTEST: 40 4 it 0000 XY Marty Hendrix City Secretary Authorization contract Authorizatiox t p Date: APPROVED AS TO FORM AND LEGALITY: Assistant City A orney STREET LIGHT INSTALLATION Page 4 of 4