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Home My WebLink About041005 - Construction-Related - Contract - Jackson Construction, Ltd.-V DI GC COPY D ... A 1 VIENT FORT WORTH CITY SECRETARY 1 CONTRACT NO. ~\005 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR RUIDOSA BANDERA DRAINAGE IMPROVEMENTS Ruidosa Trail Bandera Road (From Guadalupe St. to Geronimo Tr.} Geronimo Trail (Western end} Coronado Court (Southern end} CITY PROJECT No. 01119 TPW No. P227-541200-20328-01119-83 Michael J . Moncrief Mayor June 2010 William A. Verkest, P.E. Dale A. Fisseler, P .E . City Manager Director, Transportation and Public Works Department 1)r~.:tr.~ ., * ... * •,.u' •, ~*.. ··* '~ ~ . . * f'~ i!···· .......................... ~ ~ WADE A. BROOKS j ~-.. ··:· ........... ······ .... ·l ,, ~ \ 86206 /£; ,! 11 ~ ··~1C£NS€.<?-·"~f ,, «'s • • . • • • • • • . & . .:- \\,:10 NA L ~-~"' 10 ,,, .... , ... ~ .. ~-,~j<-\h <. S. Frank Crumb , P.E. Director , Water Department PREPARED FOR: The City of Fort Worth By: CP&Y Inc. TBPE REG# F-1741 OFFICIAL RECOftD CITY SECRETARY 1. W RTH. TX .. Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/28/2010 DATE: Tuesday , September 28 , 2010 REFERENCE NO.: **C-24485 LOG NAME: 20CONSTRUCTION_RUIDOSA_BANDERA SUBJECT: Authorize a Contract with Jackson Construction , Ltd., in the Amount of $296 ,715.00 for the Ruidosa Bandera Drainage Improvements (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Jackson Construction , Ltd ., in the amount of $296 ,715 .00 for construction of the Ruidosa Bandera Drainage Improvements. DISCUSSION: The Storm Water Management Program was established to reduce flooding in Fort Worth , preserve streams , minimize water pollution , and to operate the storm water system in a more effective manner to fully comply with state and federal regulatory requirements. This will be accomplished by infrastructure reconstruction and system maintenance , master planning , enhanced development review , and increased public education and outreach . On September 22 , 2009 , (Ordinance No. 18838-09-2009) the City Council approved the issuance and sale of $45,000 ,000 .00 in revenue bonds in Storm Water Capital Projects Bond 2009 Fund , to fund a two- year storm water capital project program. On August 18, 2009 (M&C C-23732) the City Council authorized the City Manager to execute an engineering agreement with CP&Y, Inc., for the design of the Ruidosa Bandera Drainage Improvements (City Project No. 01119). This design resulted in the recommendation for the construction of the following drainage improvements: construction of new storm drain system (pipe , inlets and structures) on Geronimo Trail, Bandera Street, and Ruidosa Trail. The design's intent was to address frequent residential flooding in the vicinity of Ruidosa and Coronado streets. The project was advertised for bid on June 17 , 2010 and June 24 , 2010 in the Fort Worth Star-Telegram . On July 22 , 2010 , the following bids were received : BIDDERS Jackson Construction , Ltd . Burnsco Construction, Inc. 2L Construction Rodgers Construction AMOUNT $296 ,715 .00 $299 ,788.00 $368 ,369 .00 $449 ,008.60 TIME OF COMPLETION 130 Calendar Days The low bid for this project is $296 ,715.00 from Jackson Construction , Ltd. Costs for the implementation of t his project will be funded by the Storm Water Capital Projects Bond 2009 Fund. Funding in the amount of $87 ,000.00 is included for associated construction survey , project management, materials testing and inspection costs . The contingency fund for possible change orders is $15 ,000.00 . Jackson Construction , Ltd., is in compliance with the City's M/WBE Ordinance by committing to six percent M/WBE participation and documenting good faith effort. Jackson Construction , Ltd ., Identified http://ap ps .cfwnet.org/ecounc il/printmc .as p ?id= l 4118&print=true &DocType=Print 9/30/2 010 Page 2 of2 several subcontracting and supplier opportunities. However, the M/WBEs contacted in the areas identified did not submit the lowest bids . The City's goal on this project is 15 percent. This project is located in COUNCIL DISTRICT 3 , Mapsco 73P . FISCAL INFORMATION/ CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget , as appropriated , of the Storm Water Capital Projects Bond 2009 Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: FROM Fund/Account/Centers P227 541200 203280111983 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: Michael Owen (8079) ATTACHMENTS 1. FAR-01119-00003-CC .pdf (CFW Internal) 2 . fundingverification.doc (CFW Internal) 3. MAND C 01119 .pdf (Public) 4 . MWBE Compliance 01119 Const 8-9-10.pdf (CFW Internal) http://app s.cfwnet.org/ecounc iVprintmc .as p ?id = 14118&print=true&DocTy pe=Pr int $296 ,715 .00 9/30/2 010 CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 to the Specifications & Contract Documents for RUIOOSA BANDERA DRAINAGE IMPROVEMENTS CITY PROJECT NO. 01119 Bid Submittal Due Date: July 15, 2010 Addendum No. 1 Issued: July 9, 2010 The Specifications, Contract Documents and Drawings for the above mentioned project are revised and amended as follows: PROJECT DRAWINGS: 1. Sheet 0-03, Detail 3 a. Delete the following gablon thickness dimension "18"" and replace with "12" ". This Addendum No. 1, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No. 1 by completing the requested information at the following locations: (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 1" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. Addendum No. 1 1 of 1 William A. Verkest, P .E. DIRECTOR TRANSPORTATION & PUBLIC WORKS DEPT. By.~~ Project Manager July 9, 2010 • • CITY OF FORT WORTH , TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 to the Specifications & Contract Documents for RUIDOSA BANDERA DRAINAGE IMPROVEMENTS CITY PROJECT NO . 01119 Bid Submittal Due Date : July 22, 2010 Addendum No. 2 Issued: July 15, 2010 Addendum No. 1 Issued : July 9 , 2010 The Specifications , Contract Documents and Drawings for the above mentioned project are revised and amended as follows : REVISED BID RECEIPT DATE: 130:PM, July 22, 2010 CONTRACT DOCUMENTS: INFORMATION TO BIDDERS: 1. The bid receipt date has been revised to 1 :30 PM, July 22, 2010 This Addendum No. 2 , forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No . 2 by completing the requested information at the following locations : ( 1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop : "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 2" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No . 2 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification . RECEIPT ACKNOWLEDGED By ~i/~ Company~oi Ltd. Addendum No . 2 1 of 1 William A. Verkest, P.E. DIRECTOR TRANSPORTATION & PUBLIC WORKS DEPT. By -~~ Michaelen,P.E. Project anager July 15 , 2010 /y f-J, CITY OF FORT WORTH, TEXAS ~-TRANSPORTATION & PUBLIC WORKS DEPARTMENT / ~ ••••. .:.:;41-\ ADDENDUM NO. 3 ·····~OU"7.···i to the 1 •.:-:-;;E. ~-.•••••.. -fa I S ·t· · & C D \··".~,:: .. ,···~ f !Jj I pee, 1cat1ons ontract ocuments "'•·····. &6 ~·.H .I for •,, '•,.1-_t.~~···~,; ol~ ,,,,,,,~~~-\--:; .... ~1 RUIDOSA BANDERA DRAINAGE IMPROVEMENTS ) CITY PROJECT NO. 01119 Bid Submittal Due Date : July 22 , 2010 Addendum No . 3 Issued: July 15, 2010 The Specifications , Contract Documents and Drawings for the above mentioned project are revised and amended as follows : CONTRACT DOCUMENTS: Delete the Bid Schedule In its entirety and replace with attached Bid Schedule This Addendum No. 3 , forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No . 3 by completing the requested information at the following locations : (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 3" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 3 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification . RECEIPT ACKNOWLEDGED B~~ C0<n~a~~ 8d Addendum No. 3 1 of 1 William A . Verkest. P .E. DIRECTOR TRANSPORTATION & PUBLIC WORKS DEPT . By:-hµ~ Michael en, P.E Project Manager July 15, 2010 . . ' , CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 4 to the Specifications & Contract Documents for RUIDOSA BANDERA DRAINAGE IMPROVEMENTS CITY PROJECT NO. 01119 Bid Submittal Due Date : July 22, 2010 Addendum No. 4 Issued: July 20, 2010 The Specif ications, Contract Documents and Drawings f or the above mentioned project are revised and amended as follows : CONTRACT DOCUMENTS: Clarification of bid item No. 13 and Correction of bid item No. 14 in the Bid Schedule (issued with Addendum No. 3) Bid Item No. 13: This item Includes a 2" surface course placed in all of the areas shown as "2" MILL AND OVERLAY" and "TRENCH PERMANENT PAVEMENT REPAIR " as shown on Sheet C-068 (Seq. 10a of 20). Bid Item No. 14: Strike the "2 Inch" and replace with "4 Inch Min Type 'A' Base Course" In the description. The description now reads "Pavement-4 Inch Min Type 'A' Base Course HMAC on 2/27 Concrete Base -Install (For the entire trench width of roadway)". This item includes the repair in all areas where storm drain and laterals are being Installed. This Addendum No. 4 , forms part of the Specificat ions & Contract Documents fo r the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your rece ipt of t his Addendum No. 4 by completing the requested information at the following locations: (1) In the space provide on the s ignatu re page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop : "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 4" (3) Execute acknowledgement below and submit s igned copy w ith you r proposal at the time of bid submittal Failure to acknow ledge receipt of the Addendum No. 4 could cause the subject bidder to be considered "NONAESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED B~~~ Com ~-~otiW. Addendum No . 4 1 of 1 William A. Verkest, P.E . DIRECTOR T RANS PO RTATIO N & PUBLIC WORKS DEPT . By.7;;~~ Project Man er July 20, 201 O CITY OF FORT WORTH RUIDOSA-BANDERA DRAINAGE IMPROVEMENTS PROJECT AR EA JJCA LOCATION MAP N.T .S. TRANSPORTATION & PUBLIC WORKS TRANSPORTATION PROGRAMMING & CAPITAL PROJECTS DIVISION TABLE OF CONTENTS RUIDOSA BANDERA DRAINAGE IMPROVEMENTS 1 -Project Information 2 -Front End Documents 3 -MWBE Documentation 4 -Bid Package 5 -General and Special Conditions 6 -Contracts, Bonds and Insurance Re v 2-2-1 0 ~ 1.1 -Title Page ~ 1.2 -Location Maps 2.1 -Tab le of Contents ~ 2.2 -Notice to Bidders ~ 2.3 -Comprehensive Notice to Bidders D 2.4 -Special Instructions to Bidders (water- sewer) ~ 2 .5 -Special Instruction to Bidders (paving- drainage) D 2 .6 -Detailed Project Specifications (no drawings provided) ~ 3.1 -MWBE Special Instructions ~ 3.2 -MWBE Subcontractors/Suppliers Utilization Form ~ 3.3 -MWBE Prime Contractor Waiver ~ 3.4 -MWBE Good Faith Effort ~ 3.5 -MWBE Joint Venture ~ 4.1 -Bid Proposal Cover & Signature Sheets ~ 4 .2 -Bid Proposal(s) D 4.3 -Green Cement Policy Compliance Statement D 4.4 -Bid Schedule ~ 4 .5 -Vendor Compliance to State Law D 4 .6 -List of Fittings D 4.7 -Pre-Qualified Contractor List D 5.1 -Part C General Conditions (water - sewer) D 5.2 -Supplementary Conditions to Part C (water -sewer) D 5.3 -Part D -Special Conditions (water - sewer) D 5.4 -Part DA -Additional Special Condition (water -sewer) D 5.5 -Part E Specifications ~ 5.6 -Special Provisions (paving -drainage) ~ 5. 7 -Wage Rates ~ 5.8 -Compliance with and Enforcement of Prevailing Wage Rates D 5.9 -Standard Details (water-sewer) ~ 5.10 -Standard Details (paving-drainage) ~ 6.1 -Certificate of Insurance ~ 6.2 -Contractor Compliance With Workers' Compensation Law ~ 6.3 -Conflict of Interest Questionnaire ~ 6.4 -Performance Bond ~ 6.5 -Payment Bond ~ 6.6 -Maintenance Bond ~ 6.7 - City of Fort Worth Contract TABLE OF CONTENTS 7 -Permits D 7 .1 -TxDOT Permit(s) D 7.2 -Railroad Permit(s) 0 7 .3 -Other Permit(s) 8 -Easements D 8.1 -Easement 9-Reports 0 9.1 -Geo-tech Report(s) D 9.2 -Cathodic Protection Study Report D 9.3 -Other Project Specific Study Report(s) 10-Addenda D 10.1 Addendum Rev 2-2-10 NOTICE TO BIDDERS Sealed proposals for the following : Ruidosa Bandera Drainage Improvements City Project No . 01119 Addressed to the CITY OF FORT WORTH PURCHASING DIV ISION 1000 THROCKMORTON STREET FORT WORTH , TEXAS 76102 will be received at the Purchas ing Office unt il 1 :30 PM , Thursday, July 15, 2010 and then publ icly opened and read aloud at 2:00 PM in the Council Chambers . Contract documents , including plans and specifications for this project may be obtai ned on -line by visit ing the City of Fort Worth 's Purchasing Division website at http ://www.fortworthgov.org/purchasing/ and clicking on the project link. This link will take you to the advertised project folders on the City 's Buzzsaw site , where the plans and contract documents may be downloaded , viewed , and printed by interested contractors and/or suppl iers . Hard copies of plans and contract documents are available at the office of the des ign engineer , CP& Y Inc ., 115 West yl h Street , Suite 1500 , Fort Worth TX 76102 , at a cost of Sixty Dollars ($60 .00) per set (non-refundable). The major work will cons ist of the (approximate) following : Construction of a storm drain system for the drainage area from the Plantation Creek (West) at the end of Geronimo Trail along Bandera Road to Ruidosa Trail. Bid security is requ ired in accordance with the Special Instruction to Bidders. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form . Bids that do not acknowledge rece ipt of all addenda may be rejected as being non-responsive . All addenda will be made availab le on-line with the contract documents. Contractors and/or suppliers are requested to register as plan holders on -line (on Buzzsaw site) in order to receive notifications regarding the issuance of addenda . It shall be the bidding contractor's sole responsibility to verify they have received and considered all addenda, prior to submitting a bid. Fo r additional information , please contact Wade Brooks , PE with CP&Y , Inc . at Telephone Number: (214) 638-0500 or by email : wbrooks@cpyi.com , and/or Michael Owen , PE , Project Manager, TPW Department at (817) 392 -8079 or by email : michael.owen@fortworthgov .org . A pre -bid conference will be held on Monday , June 28 , 2010 at 11 :00 a .m ., in the TPW Conference Room, Rm 270 , 1000 Throckmorton St., Ft. Worth , TX 76102 . Bidders are encouraged to rev iew the plans and specifications prior to the pre -bid conference . Advertising Dates : June 17 , 2010 June 24 , 2010 R ev 2-2-10_ TPW NB -1 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the follow i ng : Ruidosa Bandera Drainage Improvements City Project No. 01119 Addressed to : CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchas ing Office until 1 :30 PM , Thursday, July 15, 2010 and then publicly opened and read aloud at 2:00 PM in the Council Chambers . Contract documents , including plans and specifications for t his project may be obtained on-line by v isiting the City of Fort Worth's Purchas ing Division website at http://www .fortw o rthgov .org/p urc hasing/ and clicking on the project link . This link will take you to the advertised proj ect folders on the C ity's Buzzsaw site , where the plans and contract documents may be downloaded , viewed , and printed by interested contractors and /or suppliers. Hard cop ies of plans and contract documents are available at the office of the design engineer, CP& Y Inc., 115 West i h Street, Suite 1500, Fort Worth TX 76102 , at a cost of Sixty Dollars ($60 .00) per set (non-refundable). The major work will consist of the (approximate) following : Construction of a storm drain system for the drainage area from the Planatation Creek (West) at the end of Geronimo Trail along Bandera Road to Ruidosa Trail. NOTICES All bidde rs will be required to comply with Prov ision 5159a of "Vernon 's Annotated Civil Statutes" of the State of Texas w ith respect to the payment of prevailing wage rates and C ity of Fort Worth Ordinance no . 7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohib iting discrimination in the employment practices . Bid security is required in accordance with the Special Instruction to Bidders . The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities . No bid may be withdrawn unt il the expiration of ninety (90) days from the date bids are opened . The awa rd of contract , if made , will be within ninety (90) days after the open ing of bids , but in no case w ill the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form . Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. All addenda w ill be made availab le on-line w ith the contract documents . Contractors and/or suppliers a re requested to register as plan holders on-line (on Buzzsaw site) in order to rece ive notifications regarding the issuance of addenda . It shall be the bidding contractor's sole responsibility to verify they have received and considered all addenda, prior to submitting a bid . Bidders must complete the PROPOSAL section , includ ing the "Vendor Compliance to State Law", and submit these executed documents or face re j ection of the bid as non-responsive . Rev 2121 10 TPW CNB - 1 COMPREHENSIVE NOTICE TO BIDDERS In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City of Fort Worth contracts . A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM , GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate . The Documentation must be received no later than 5 :00 p .m ., five (5) City of Fort Worth business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the department to whom delivery was made. Such receipt shall be evidence that the City of Fort Worth received the Documentation. Failure to comply shall render the bid non-responsive. SUBMISSION OF BID AND AWARD OF CONTRACT The proposal within this document is designed as a package . In order to be considered an acceptable bid , the Contractor is requ ired to submit a bid for the complete project. A bid proposal submittal for a multi-unit project with only a single proposal unit complete will be rejected as being non-responsive. The Contractor who submits the bid with the lowest price , will be the apparent successful bidder for the project. Bidders are hereby informed that the Director of the Transportation and Public Works Department reserves the right to evaluate and recommend to the City of Fort Worth City Council the bid that is considered to be in the best interest of the City of Fort Worth . For additional information, please contact Wade Brooks, PE with CP&Y, Inc. at Telephone Number: (214) 638- 0500 or by email: wbrooks@cpyi.com, and/or Michael Owen, PE, Project Manager, TPW Department at (817) 392-8079 or by email: michael.owen@fortworthgov.org . A pre-bid conference will be held on Monday, June 28, 2010 at 11 :00 a.m., in the TPW Conference Room , Rm 270, 1000 Throckmorton St., Ft. Worth , TX 76102. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference. DALE A. FISSELER , P .E . CITY MANAGER Advertising Dates: June 17, 2010 June 24, 2010 Rev 212110 TPW By : ____________ _ Michael Owen, P .E Transportation & Public Works Department CNB-2 MARTY HENDRIX CITY SECRETARY SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five percent (5 %) of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (I 0) days after the contract has been awarded . To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (I) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a rein surer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to quali fy as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in it s sole discretion, wi ll determine the adequ acy of the proof required herein. 2 . PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond sha ll be as herein provided and the surety sha ll be acceptabl e to the City. All bonds furnished hereunder sha ll meet the requirements of Chapter 2253 , Texas Government Code . In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the hold er of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, wi ll determine the adequacy of the proof required herein. The City wi ll accept no sureties who are in default or delinquent on any bonds or who have an interest in any liti gation against the City. Shou ld any surety on the contract be determined unsatisfactory a t any time by the City, notice wi ll be given to the contractor to that effect and the contractor sha ll imm ediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25 ,000, a Payment Bond sha ll be executed , in the amount of the contract, so lely for the protection of a ll claimants supplying labor and materials in the prosecution of the work . If the contract amount is in excess of $100,000 , a Performance Bond sha ll be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solel y be for the protection of the City of Fort Worth. All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. Rev 3-13-09 3. LIQUIDATED DAMAGES: The Con tractor's att ention is called to Part I, Item 8, paragraph 8 .6, of the "General Provi sions" of the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects . 4. AMBIGUITY : In case of ambiguity or lack of clearness in stating prices in the proposa l, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders wi ll be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting discrimination in employment practices . 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the fo ll owing: (a) The contractor shall comply with a ll requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Counci l of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code . Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled "Right to Audit" pertain to this inspection . ( c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period , whichever is less , an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code . (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8 .9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted . 7. FINANCIAL STATEMENT : A current certified financial statement may be required by the Department of Transportation and Pub li c Works if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid pennit issued by an appropriate State Licensing Agency. 8 . INSURANCE: Within ten ( 10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract docwnents and appropriate bonds , proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury-$500 ,00 0 each person, $1,000,000 each occurrence ($2 ,000 ,000 aggregate lim it); Property Damage -$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individua l project. Rev 3-13-09 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102 , prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal , and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A : VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups . The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) cover in g employees employed on the project sha ll be endorsed with a waiver of subrogation providing rights ofrecovery in favor of the City. 1. C ity shall not be responsible for the direct payment of insurance premium costs for contractor's insurance . j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any se lf-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall r eport, in a timely manner, to City's officially designated contract administrator any known loss occurrence which cou ld give rise to a liability claim or lawsuit or which could result in a property loss . Contractor's li ability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents . 10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the Ci ty of Fort Worth will not award this contract to a non r esident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder wou ld be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. Rev 3 -1 3-09 "Nonresident bidder" means a bidder whose principal place of business is not in tbis state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal pl ace of business in this state. This provision does not apply if this contract involves federal funds . The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify tbat bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE /WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, and /or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate . The Documentation must be received by the managing department no later than 5:00 p.m ., five (5) City business days after tbe bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive . Upon request , Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any 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 facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts ( other than a negligent misrepresentation) and/or commission of fraud wi ll result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 12 . AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or a ll irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT VENTURE FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 1 3. PAYMENT: The Contractor will receive full payment (minus retainage) from tbe City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. Rev 3-13-09 14. ADDENDA: Bidders are responsible for obtaining all addenda to th e contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained on-line on City's Buzzsaw site or by contacting the City Project Manager. Bids that so not acknowledge a ll applicable addenda may be rejected as non-respons ive. 15 . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Rev 3-13-09 Certain 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 worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regar dless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation , providing, hauling, or delivering equipment or materials , or providing labor, transportation , or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage ve ndors, office supply deliveries, and delivery of portable toilets. b . The contractor shall provided 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 certifi cate of coverage to the governmenta l 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 mu st, prior to the end of the coverage period , fi le 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 per son 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, of any change that materially affects the provision of coverage of any person providing services on the project. h . The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (I) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person 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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring 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 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. Rev 3-13-09 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 classifica tion codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured , with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative , criminal, 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 does not remedy the breach within ten days 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 Compensation Commission rules . This notice must be printed with a title in at least 30 point bold type and text in at least 19 point nonnal type, and shall be in both English and Spanish and any other language common to the worker population . The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials , or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Contact the Texas Workers' Compensation Commission 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". 16 . NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex , race, religion, color , or national origin and shall comply with the provisions of City Ordinance 7278 , as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 17 . AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage 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 person because of their age except on the basis of a bona fide occupational qualification , retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents , or employees, or person 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. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Rev 3-13-09 Contractor's all eged fai lure to comp ly with the above referenced Policy concerning age discrimination in the performance of this Contract. 18 . DISCRIMINATION DUE TO DISABILITY: In accordance with the provi sions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the avai lability, terms and/or conditions of employment for applicants for employment with , or current employees of Contractor. Contractor warrants it wi ll fully comp ly with ADA's provisions and any other applicable federal state and loca l laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor wi ll receive full payment (less retainage) from the city for each pay period . b. Payment of the retainage will be included with the final payment after a cceptance of th e project as being complete . c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d . The warranty period sha ll begin as of the date that the final punch list has been completed . e . Bills Paid Affidavit and Consent of Surety shall be required prior to fina l payment becoming due and payable . f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquida ted damages, city shall make a progress payment in the amount that city deems due and paya ble. g . In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days . Rev 3-13 -0 9 FORT°WORTH ":'"~ ya ~. -City of Fort Worth Minority and Women Business Enterprise Specific~f u;>n,s l SPECIAL INSTRUCTIONS FOR BIDDERS .,4 "'<1 _. APPLICATION 'OF POLICY POLICY STATEMENT lt :is the policy of the City .of .Fort Worth to ensure the full and equitable participation by Minority and Women Business Ent!:)rprises (M/WBE) in the. procurement of all goods and services to the City on a contractual basis . All requirements and regulations ·stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's M/WBE goal on this project is ___ 1_5_% of the total bid (Base bid applies to Parks and Community Services}.· On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver do·cumentation, or;. 4. Joint Venture. 1. Subcontractor Utilization Form, if goal is received by 5:00 p .m., five (5) City business days after the bid met or exceeded : opening date, exclusive of the bid opening date . 2. Good Faith Effort and Subcontractor received by 5:00 p.m ., five (5) City business days after the bid Utilization For~; if participation is less than opening date, exclusive of the bid opening date. stated qoal: 3. Good Faith Effort and Subcontractor received by 5:00 P..m ., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. · 4. Prime Contractor Waiver Form, if you will received by 5 :00 p.m ., five (5) City business days after the bid perform all subcontracting/supplier work : opening date, exclusive of the bid opening date. 5 .. Joint Venture F?rm ; if utilize a joint venture received by 5:00 p.m ., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. Any questions, please contact the M/WBE Office at (817) 392-6104 . Rev . 11/1/05 . FORTWORTH ~ ...... .J .... City of Fort Worth ~ 1.._, , : ATTACHMENT 1 A Page 1 of 4 Subcontractors/Suppliers Utilization Form PRIME COMPANY NAM~ ~ PROJ NAME: RUIDOSA BANDERA DRAINAGE IMPROVEMENTS City's M/WBE Project Goal: 15 : % Prime's M/WBE Project Utilization : % Check applicable block to describe prime M/W/DBE NON-M/W/DBE BID DATE PROJECT NUMBER CITY PROJECT NO 01119 ldentif}( fill su~contractor~/suppliers you will use on this project M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dalla·s, Denton, Ellis, Kaufman and Rockwall counties . Identify .each Tier level. ·rier is the .... level of ·. suocontracting . below the prime contractor, i.e .,· a !'.oJrect payment from the prime CdRtractor· to. a ~subcqntractGr is ·c0nsidered 151 tier , a payment by'.a SUbcontra.CtO[ to its:supplier is considered _2 ~~ tier i'' ' ,, . > :,r-' . ,. -, ALL M/WBEs MUST BE CERTIJ;IED BEFORE CONTRACT AWARD. Certification means those firms, located or doing .business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If .t,aulirig ~-eryice,s are ''u(iJjz.ea;. to·e prfr:ne ,·will t>'~':giver:i credit-a~ long as the M/WBE.:a Ji.sted. :o.wpsi and . .• . • ·, ~ -•• ..., • ~ . ~f '· • .~-:.;:'.:"·• •. •· ~ -. ' -<.:er · • •. ~ -· • .,. opercite_s ·at lec!st one fully licen~etd anae>perational .trucJsto be used on· the ·con_tract. Jhe M/WBE may-lease . trucks 0 fro m'.:a n'bt_her ,MLWBE jiFm,)ncl(iqifo M/WB1£ ·owner-;operators ; and rec~ive full M/WSE.~qre'diG ~c,The· ,M/WBE may "lerase trucks · from. non-M/W8Es: including · 6wn·er-o'perators ,· but will orily-r.~c~ive credi H Qr,:the .fees ana .commis'sibns ea rn etl_.b the MtwBE .as o_utlined in the,lease a reement. ··. · :tt·?_,,:·': l :. ·: ·(:: Rev . 5/30/03 ATIACHMENT 1A Primes are required to identify ALL subcontractors/suppliers , regardless of status ; i.e., Minority , Women and non-M/WBEs . Please list M/WBE firms first , use additional sheets if necessary . Certification (check one) N SUBCONTRACTOR/SUPPLIER 0 Company Name N n Detail Subcontracting Detail Supplies C T Dollar Amt. Address T T X M Work Purchased Telephone/Fax I M w R D w E B B C 0 B R E E· A T E J/M Materials , Inc. 29 -0" . ·1 l A -t: :J2 PAI) P . 0 . Box496 Alvord , Texas 76225 800-856-8733 940-427-2789 1 X Rock $ 10 ,950 .00 J/M Materials , Inc. P. 0 . Box 496 Alvord , Texas 76225 800-856-8733 940-427-2789 1 X Sand $ 1,000.00 J/M Materials , Inc. P . 0 . Box 496 Alvord , Texas 76225 800-856-8733 Hauling by Dump 940-427-2789 1 X Truck $ 6 ,280.00 MMG Building & Construction PO Box 1298 Hurst, Texas 76053 817 .510.0490 817.510 .0495 1 X Portable Toilets $ 600.00 Reynolds Asphalt PO Box 370 Euless , Texas 76039 817.267.3131 817 .267 .1818 X Milling $ 9 ,640 .00 Johnson County Pipe 3009 N. Laurel Avenue Rialto , CA 92377 817.790 .0886 817 .783 .5002 J< Pipe & Fittings $ 29 ,340 .00 Southern Star P. 0 . Box 961094 Fort Worth , Texas 76161 972.621 .0345 X Concrete Redi-mix $ 4,876.00 Reynolds Asphalt PO Box 370 Euless , Texas 76039 817 .267 .3131 Asphalt Paving & 817.267.1878 X Overlay $ 24 ,600.00 Certification N SUBCONTRACTOR/SUPPLIER (check one) o ATTACHMENT 1A Company Name N n Detail Subcontracting Detail Supplies C T Dollar Amt. Address T T X M Work Purchased Telephone/Fax I M w R D w E B B C 0 B R E E A T E Tren Tech Company 828 Howell Drive Coppell , Texas 75019 972-304-2171 972-304-2171 X Trench Safety DesiQn $ 500 .00 White Cap Construction Supply P. 0 . Box 2455 Fort Worth , Texas 76113 817-332-4117 Miscellaneous 817 -429-2852 X Materials $ 1,500.00 Barnsco P. 0 . Box 541087 Dallas , Texas 75354 214-352-9091 214-352-7568 X Steel/Rebar $ 2 ,945 .00 FORTWOR'FH ~ 29 -0,-10A)4 :0~ PAI) Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ ATTACHMENT 1A Page 4 of 4 TOTAL: DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ ·a ~/.OD By affixing a signature to. this form, the Offerer further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors,. including ·· MfYV/DBE(s) arrangements submitted with the' bid. The Offerer also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals , officers , employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed ·by the M/W/DBE(s) on ,t~is contract, by an authorized officer or employee of the City. Any intentional 'and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false · statements : Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offerer and barred from participating in City work·for a period of time not les~ than"· one (1) year. · k~ Authorized ~ignature Printed Signature T~(X1S~· e'ontact Name/Title (if different) k}s~ ~±ru.d-: on . Uo. Company Name ..,;;, Telephone and/or Fax ~t~ ~ \£l ley [Jr/~ E-mail Address City/State/Zip Rev. 5/30/03 ·FbRT .W-ORTH ..___ •. ~ ·city of Fort Worth Prime Contractor Waiver Form ATTACHMENT 18 Page 1 of 1 t-' 'I IV PRIME COMPANY NAME: ..... ~1 Check applicable block to describe NON-M/W/DBE RUIDOSA BANDERA DRAINAGE IMPROVEMENTS ' ~-. City's M/WBE ~roject Goal: PROjECT NUMBER 15 % tiTY PROJE CT.;.NO :01 119 ,JI' \ '";. >I If bqth answers to th is form are YES ; do not compl ~te.ATTACHMENT 1C(Good Fa ith Effort Form). All questions on this form must be complet~d ·and :a 9etailed explan ation provided, if applicable~. If the answer to eithe r -question is ~O . then you must comple~e ATT ACHMfNT 1 C .. T ~is form~ is only appliGable if .b.oth answers are yes . · -· . Will you perform this entire contract without subcontractors? ' YES . If yes, please provide a detailed explanation that proves based on the size and scope of this V NO . . project, this is your normal business practice and providei'an operational profile of your bus iness . ... Will you perform this entire contract without suppliers? YES ' ) If yes , please prov ide a detailed explanation that proves based o n the size and scope of this iv NO project , this is your normal business practice and provide an i_nventory profile of your bus iness . The bidder further agrees to prov ide , d irectly to ·the City upon . reque ~t . complete and accurate information regarding actual work performed by all subcontractors , . includ ing· M/WBE(s) on this contract, the payment therefore and any proposed changes to the' original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or exam ination of any book~. records and files · held by their compa ny that will substantiate the actual work performed by the M/WBEs on th is contract, by an authorized officer or employee of the City . Any intentional and/or knowing misrepresentation of facts 'will be grounds for terminating the contract or debarment from City work for a period of no t less than three (3) years and for initiating action under Federal , State or Local laws concern ing false statements. Any fa ilure to c;:omply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offe ror' and barred from participating in C it y work fo r a period of time not less than one 1 .. Printed Sig nat ure Con'tact Na me (if differe nt ) c~ Cb,£±[@ an J w. Compa ny Na me • 81 . S:-Z ';}_. ?&)S &'l 7. Lf-1 '8 . QEf3 Phon e Number Fax N um be r 5-ua ~un Vat ky trt ue_ A ddres s R. lt.bc4:h .Tu 7tal LS City/State/Zi p 1 Ema il Address .7{-;J-q /10 El ate Rev. 5/30/03 ,I • 1· I FORT WORTH 29'()-/,l ATTACHMENT 1C Page 1 of 3 s a ......, •. ~ ~ City of Fort Worth Good Faith Effort Form 04() '1:Us p1; .o Check applicable block to describe OSA1BANDERA DRAINAGE IMPROVEMENTS City's M/WBE Project Goal: ·15 % PROJECT NUMBER CITY-PROJECT NO 011.19 M/W/DBE BID DATE 0 ,,, ' . . .'•· .~:· -·-: .,:; ·;r ~,0~ ,·,, """.I';'; ···_:;,, "'..; ·1 If the bi~aer'~ method of compliance with the 191/WBE ~foal is tiased upon demonstration of a "good faith effort", the b_idder will have the burden of correctly' and accurately preparing and submitting.the documentation required by the City. ,,Complianc.e.with. each item, 1 thru 6 below, •. no -:tll , ·/r '" :J· , • • , ~f ·snail satisfy-'the Good Faith Effort requirement·absent proof of fraud, intentional and/or knowing misrepre"~entation the facts or intentional discrimination by the oidder. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this projec't, regardless of whether it is to .be provide.d by a M/WBE or~ non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and o~. supplier opportunity through the 2nd tier . (Use additional she_ets, if necessary) List of Subcontracting Opportunities I List of Supplier Opportunities Rev. 05/30/03 , ATTACHMENT 1C Page 2 of 3 2.) Obtain a current {not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. ~Yes Date of Listing !f_,..2:1e_, / 0 __ No 3.) Did you solicit bids from M/WBE firms , within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? · /v es · {If yes, attach M/WBE mail l isting to i nclude name of firm and address and a d ated copy of letter mailed.) __ No ". 4.) Qi d you solicit bids from M/WBE firms , within the subcontracting and/o/supplier areas previously listed; at least ten calendar. days prior to bid opening by telephone, exclusive of the day the bids are /ned? __ · Yes (If yes, attach list to i nclude ill!!!!!! of M/WBE firm , person contacted , phone number and date and time of contact.) __ No 5.) Di.d"you provid~ ~la~s an? specification_s to petential M/WBEs or information regarding the location of j...(Ian-s and spec1f1cat1ons m order to assist the M/WBEs? __ Yes __ ·No 1 6.) Submit documentation if M/WB{= quotes were ,rejected. The documentation submitted .should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the hidder will . provide for confidential in-camera access to and inspection of any relevant documentation by .Giiy personnel. ~-.. . ~ ~-,.. ;,,- Please use additional sheets, if necessa , and attach. Rev. 05/30/03 ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. , ,1 I .J ~ -T-he bidder farther agrees to provide, directly to-the City upon request, comprete and ac,curate' in'fonnation regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also· agree, to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by ari authorized officer or em·ployee of the City. · Any intentional and/or knowing misrepresentation . of facts will' be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and fo r, initiating action under Federal, State or Local laws concerning false statements. ~riy failure to comply with this ordinance and creates a material br~ach of c o ntract may result :in a . determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The unde r signe'd ce·rtifies that the information provided and the M/WBE(s ) listed was/were contacted in good faith. It is understood that any M/WBE(s) U:sted in Attachment 10 ·will be contacted and the reasons for not using them will be verified by t~~ ~~km iutorizedSignati.Jre P r inted Signature Contact Name and Title (if different) g\1.s1d-. 3~ g11.Lf?l?. CJ.1.,_n Phone Number Fax Number ~ W1stru.di on L;ld _ Company Name ·. U ~;r~s~ Vdl ley ~) ~ Email Address h .t tbc~ TY-: J ~( l~ City/State/Zip 7 7 j;;>ct/10 Date Rev . 05/30/03 J •, f'ORT"WORTH "'--, .•. ~ CITY OF FORT WORTH Joint Venture Eligibility Form All questions must be answered; use "NA" if applicable. Joint Venture Page 1 of 3 Name of City project: __ R_U_I_D_O_S_A_B_A_N_D_E_RA_D_R_A_· 1_N_A_G_E_IM_P_R_O_V_E_M_E_N_T_s __ .__ _____ _ 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: .Cellular: A joint ventu re form must be completed on each project -RFP/Bid/Purchasing Number: __ _,,...__ ________ _ Facsimile: E-mail address: Identify the firms that co;11P,[iJ~} Please attach extra sheets if additional space is required to provide detailed ex anations of work to be performed by each firm comprising th e M/WBE firm name: Business Address: City, State, Zip: Telephone Cell ul ar Facsimile Certification Status: Name of Certifying Agency: E-ma il · ·oint venture ' Telephone Facsi mile Ce llular E-mail address Describe the sco e of work of the non-M/WBE: Rev . 5/30/03 I .. Joint Venture Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be count d toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do no t complete if this information is described i joint ven ture agreement) . 'f----~'--------------+l ________ ----1 ,:-/ Profit and loss ·sharing ~ I ,;-I Capital contributions, including equipment: I I I Other applicable. ownership interests: .__.,.._..__,.,..._._ ~ -I I 6. lden~if-y by nam~,.race, sex and firm those individuals (witf hi es) who are responsible for the day-to-day management and decision making of the joint venture: - . . Financial decisions (to include Account Payable and Receivable): I I Management de_cisions: / · a. Es~imating / ----------------------------------------------;--~~~~~--,.~~~~~~~~~~~~~~~~~~~~~~~-, b . Marketing and Sales / I ----------------------------------------------+--~~~~-+-~~~~~~~~~~~~~~~~~~~~~~~~-, I C. Hiring and Firing of management personnel I ----------------------------------------------+--~~~-I-~~~~~~~~~~~~~~~~~~~~~~~~~-, I d . Purchasing of major equipment and/or supplies I Supervision of field operations I I The City's Minority and Women Busine s Enterprise Office will review your joint venture submission and will have 'final approval of the M/WBE ercentage applied toward the goal for the project listed on this form. NOTE: From anc:! after the date of project award , if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance . Rev. 5/30/03 e Jo int Venture ., r-"--'f _________________________________________ -1, __ P:..:a::.z.:e;..;3;..o;;;.;f..;3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all mater.al information necessary to identify and explain the terms and operation of the joint venture . Furthermore, the dersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibili ·es and payments herein . The City a~so reserves the right to request any additional information deemed necessary t determine if the joint venture is eligible . Failure to cooperate and/or provide requested information within the ti specified is grounds for te~ination of the eligibility process . . ., j · J:he uµdersigned agree to permit audits, interviews with owners and examination o the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this .. provision s.p.all ,result in the termination 9f, any co~tract,. :,,v4ich m_ay,be awarded u de f the provisions of this joint . vehture 's eligibility and may initiate action un9er F i de ral, ·state ' and/or Lo~~'r ws /ordinances concerning false · • _ statements or willful misrepzesentation of facts. _____ · ' . ______ ·. ~ame ofM/WBE firm Name ofnon'-M/WBE firm . ' Printed Name of Owner Printed Name of Owner Signature of Owner Title Date State of __________________ County of ______________ _ _________ , 20 __ , before me appeared and ---------------+----------------------------- to me personally known and who, b ing duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute thi affidavit and did so as their free act and deed. Notary Public------+------------------~ Print Name Notary Public -----+-----------------------Signature Commission Expires _ _,_ _____________________ _ (seal) Rev. 5/30/03 TO: The Purchasing Department City of Fort Worth, Texas PROPOSAL FOR: RUIDOSA BANDERA DRAINAGE IMPROVEMENTS City Project No.: 01119 Fort Worth, Texas Pursuant to the foregoing "Notice to Bidders," the undersigned has examined the plans, specifications and the site , understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Water Department of the City of Fort Worth . If required by this project, Contractor must be pre-qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Worth for performing and completing s aid work within the time stated for the following sums, to wit: Total quantities given in the bid proposal may not reflect actual quantities , but repre sent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. Ci ty of Fort W orth Project U anagerc WADE BROOKS Project 0 1119 -R UIDOS A B A ND E RA D RA INAG E IM PROVEME NTS Unit/Sectio n : STOR M WAT ER P227 -541 200-203 2801 11983 Date City Project # 7/15/2010 1119 Con tra ctor In s tr uc tio ns : Fill in green cells with your CFW Ven dor ID , y our Co mpany Na m e an d your bid amounts. When your bi d is complete, save and close, start Buzzsaw and Ad d your pro posal to t he f~dc r with your Company Na me within project'9 Bid Responses folders. Bid Form Changed per Addendum No. 3 Issued 15 Ju ly 2010 Your Vendor Number Your Company Name Bid Items Line Number CPMS Record Number M ate rial Description 1 BID-00075 Concrete HeadwaH-36 Inch Pioe -Install (With all annurtenances to be comnlete in olace.l 2 BID-00081 concrete Pii>e-21 Inch-C L Ill -Install {W ith all ao ourte nances to be complete in p!ace .} 3 BID-00082 Concrete Pioe-24 Inch-CL 111-Install (With au aoour tenances to be comclete in olace.l 4 BID-00083 Concrete Pipe-30 lr,ch-CL 111-lnstaU /With all annurtenances to be comclele in otace.l 5 BID-00085 Concrete P!t>e-36 Inch-CL lll -lnsiall tWi1 h au aoourtenances to be complete in place .} Erosion Control-Gablon Basket -Install (1 'x6' baskets Including limestone rock. liller fabric to be 6 610-00067 Other complete In mace.\ 7 BID-00111 COOC'.fete lnlet-Aecessect-1 O Ft -Install rro be cast-ln-olace wm, all aoourtenances to be co molete in clace.l 8 010-00112 Concrete Jnlet-Recessed-15 Ft-Install tTo be casl-«l-olace with all aoourteoances to be como !ete In clace.) 9 BID-00 118 Concrete Manhote-4 Ft -lnstaU (With all aoourtenances to be oomplete in place .) 10 BID-00132 Veoetatioo Grass-B0rm uda Sod -Jnslall Oncl udJnc too soil, wa terino and fertlliter) Trench Safety System 5 Foot Dep th -Ins tall (In accordance with the specif1eatioos and OSHA regulations. and the assumptions of the responslbillty of said pro 1ect1o n system , including design and 11 B!D ,00372 sen11cecs lmolementation and all related items. comnlete in olace .l 12 81D·00448 ServceCS Pavsment-2 Jnch-Surface Milli na -Install (For the en tire wid th of roadwav.l 13 BID.00447 A<ohal1 Pavement·2 Inch.Surface Course-TUl'\D D Mix: -Ins tall lFor the entire w1dth of roadwav) " 14 BID-00443 l\sohalt Pavement,#fnch Min HMAC on 212.7 Concrete Base -Insta ll (For the entl,e width of the trenc h) . Pavement-Valley Gutter -Install {For the lntersectkms ol Ruidosa Trail and Bandera Road and 15 8 10-00473 Concrete Geronimo Trall and Bandera Road wfth aJI ao ou rtenances to be comolete In Dlace .) Pa,1ement•Vaney Gutter -Remove (For the in tersectio ns of Ruldosa Trail end Bandera Road and 16 BID,()()d74 ServieeCS Geronimo Trail and Bandara Road with al l BDPurtenances .} Trame Control -Install (In accordance with aJI laws and ordinances, and tt,e assumption or tne responsibility of said syste m. including design and implementat ion, and all related items, complete in 17 BID-00181 Servk:aCS Place) 18 BID.00414 Servi:eCS UtiJitv Adlustment -Reoair fWith al l aoounenances to be comc»ete in clacel 19 BID·00504 Sleel Sian-Protect Oes\anatlon -1nstan •, I Un it of Your Unit Meas ure Quantit y Price You r Bid Cubic Yard 5.00 S0 .00 Unear Fool 50.00 50.00 Linear Foo t 105.00 S0.00 Linear Foot 160.00 $0.00 Linear Foot 665.00 $0.00 Cubic Yard 12.00 $0.00 Each 2.00 $0.00 Each 4.00 50.00 Each 3.00 50.00 Sauare Yard 60.00 $0.00 Li near Foot 980.00 $0.00 Square Yard 2680.00 so.co Sauare Yard 2680.00 $0 .00 Saua re Foot 4900.00 S0 .00 Sauare Yard 90.00 S0.00 Souare Yard 90.00 $0.00 Luma Sum 1.00 50.00 Lumo Sum 1.00 s,0000.00 $10,000.00 Each 2 .00 5200.00 S400.00 Total Bid Th is Unit $10,400.00 City of Fort Worth Pr oject Manager: WADE BROOKS Project 01119 -RUIDOSA BANDERA DRAINAGE IMPROVEMENTS Un it/Section: STORM WATER P227 -541200-203280111983 Dat e City P roje ct # 7115/2010 1119 Contractor In structions: Fill in green ce lls with your CFW Vendor 10 , your Co m pany Name and y our bid amounts. When your b id Is c om plete, s ave and close, start Buzzsaw and Add y our p r oposal to the f older with y our Com pany Na me w ithin project's B id Re sponses folders. Bid Form Changed per Addendum No. 3 Issued 15 July 2010 Yo u r Vendor Number 5000 Your Company Name 350 You may now subm itthis bid Bid Items Line Number CPMS Record N umber Materi al Desc ri ption 1 BID-00075 Concrete Headwall-36 Inch Pipe -Install ('Mth all appurtenances to be complete in place.) 2 BID-00081 Concrete Pipe-21 Inch-CL Ill -Install ('Mth all appurtenances to be complete in place.) 3 BID-00082 Concrete Pipe-24 Inch-CL Ill -Install (With all appurtenances to be complete in place.) 4 BID-00083 Concrete Pioe-30 Inch-CL Ill -Install <VVith all acourtenances to be comolete tn olace.) 5 BID-00085 Concrete Pioe-36 Inch-C L Ill -Install fVVith all aoourtenances to be comolete in olace.l Erosion Control-Gabion Basket -Install (1'x6' baskets Including limestone rock, filter fabric to be 6 BID-00067 Other complete in place.) 7 BID-00111 Concrete lnlet-Recessed-10 Ft -Install (To be cast-in-clace with all appurtenances to be complete in place.) 8 BID-00112 Concrete lnlet-Recessed-1 5 Ft-Install (To be cast-in-clace with all aoourtenances to be comolete in olace.) 9 BID-00118 Concrete Manhole-4 Ft -Install ('Mth all appurtenances to be comolete in olace.) 10 BID-00132 Vegetation Grass-Bermuda Sod -Install {Including top soil , watering and fertilizer) Trench Safety System 5 Foot Depth -Install (In accordance with the specifications and OSHA regulations , and the assumptions of the responsibility of said protection system, including design and 11 BID-00372 ServiceCS implementation and all related items, complete in place.) 12 BID-00448 ServiceCS Pavement-2 Inch-Surface Millina -Install (For the entire width of roadway .) 13 BID-00447 Asphalt Pavement-2 Inch-Surface Course-Tvoe D Mix -Install (For the entire width of roadway) 14 BID-00443 Asphalt Pavement-2 Inch Min HMAC on 2/27 Concrete Base -Install rFor the entire width of the trench) Pavement-Valley Gutter -Install (Far the intersections of Ruidosa Trail and Bandera Road and 15 BID-00473 Concrete Geronimo Trail and Bandera Road with all aoourtenances to be comolete in olace.) Pavement-Valley Gutter-Remove (For the intersections of Ruidosa Trail and Bandera Road and 16 BID-00474 ServiceCS Geronimo Trail and Bandera Road with all appurtenances.) , .. ,,,.,. """''""'' -,,,._. ... ,.\Ill,.......,_., .. .,.,,,.,.. n,., i:1 11 , ......... ,,w ..,, .. .,, .. ,,,.,.. .. , i:11 \U lilt::.., ...... ,,,,...,,..,, UI Ult:: responsibility of sa id system, including design and implementation, and all related items, complete in 17 BID-00181 ServiceCS place) 18 BID-00414 ServiceCS Utilitv Adiustment -Reoair fVVith all aoourtenances to be comolete in olacel 19 BID-00504 Steel Sign-Project Designation -Install Un it of Your Unit Meas ure Q uantity Price Your Bid ;., Cubic Yard 5.00 $550.00 $2,750.00 Linear Foot 50.00 $117.00 $5,850.00 Linear Foot 105.00 $124.00 $13,020.00 Linear Foot 160.00 $140.00 $22,400.00 Linear Foot 665.00 $161 .00 $107,065.00 Cubic Yard 12.00 $365 .00 $4,380.00 Each 2 .00 $3,500.00 $7,000.00 Each 4 .00 $4,700.00 $18,800.00 Each 3.00 $5,300.00 $15,900.00 Square Yard 60.00 $8 .00 $480.00 Linear Foot 980.00 $1 .00 $980.00 Square Yard 2680.00 $3 .50 $9,380.00 Souare Yard 2680.00 $10.00 $26,800.00 Souare Foot 4900.00 $8 .00 $39,200.00 Sauare Yard 90.00 $49.00 $4,410.00 Square Yard 90.00 $10.00 $900.00 Lump Sum 1.00 $7,000.00 $7,000.00 Lumo Sum 1.00 $10,000.00 $10,000.00 Each 2 .00 $200.00 $400.00 Total Bid This Unit $296,715.00 Within ten (10) days after notification by the City of Fort Worth, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth , as liquidated damages for the delay and additional work caused thereby. If as a requirement of this project, the undersigned bidder certifies that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects , and that they have thoroughly read and completely understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assured that its employees and applicants for employment and those of any labor organization, subcontractors , or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction with ten (10) calendar days after issue of the work order and to complete the contract within 130 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Circle and complete A or B below, as applicable) A . The principal place of business of our company is in the State of _______ _ a. Nonresident bidders in the State of , our principal place of business , are required to be percent lower than resident bidders by state law. A copy of the statute is attached. b. Nonresident bidders in the State of , our principal place of business , are not required to underbid resident bidders. The principal place of business of our company or our parent company or majority owner is in the State of Texas . Receipt is acknowledged of the following addenda: Respectfully submitted, By:~~ Title: ~ of J=ners , Company~~ lhJ. Address 51 1d\St.m VcJky Odl16 Fh l1bcibµ1fu 1 t9 Date: 7 t a?-j J 0 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 i n 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 fa ilure of out-of-state or nonresident contractors to do so w ill 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: \9\ l ~ Sun /e.J 1-eJ GQ!R., Signature~(.1..M,, Address / President of JCI Partners b uJ:l( _ Inc., Gen eral Partner ' ~1ty/S.tate/Z '1pfu:J / ('· 7bllQ Title: _________ _ (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION GENERAL AND SPECIAL CONDITIONS SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK ................................................................................................... SP-3 2. AWARD OF CONTRACT ......................................................................................... SP-3 3 . PRECONSTRUCT ION CONFERENCE .................................................................... SP-3 4. EXAMINATION OF SITE ......................................................................................... SP-3 5. BID SUBMITTAL ....................................................................................................... SP-3 6 . WATER FOR CONSTRUCTION .............................................................................. SP-4 7 . SANITARY FACILITIES FOR WORKERS ................................................................ SP -4 8. PAYMENT ................................................................................................................ SP-4 9. SUBSIDIARY WORK ................................................................................................ SP-4 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ....................................................................................................... SP-4 11. WAGE RATES .......................................................................................................... SP-5 12. EXISTING UTILIT IES ............................................................................................... SP-5 13. MATERIAL STORAGE ............................................................................................. SP-6 14. PROTECTION OF EXISTING UTILIT IES AND IMPROVEMENTS ............................................................................................ SP-6 15 . INCREASE OR DECREASE IN QUANTITIES .......................................................... SP-6 16. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS ................................. SP-6 17. EQUAL EMPLOYMENT PROVISIONS ..................................................................... SP-7 18 . MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ........................................................................................... SP-7 19. FINAL CLEAN UP ....................................................................................................... SP-9 20 . CONTRACTOR 'S COMPLIANCE WITH WORKER 'S COMPENSAT ION LAW .............................................................................................. SP-9 21 . SUBSTITUTIONS ..................................................................................................... SP -12 22 . MECHANICS AND MATERIALSMEN 'S LIEN ........................................................... SP-12 23. WORK ORDER DELAY ........................................................................................... SP -12 24 . CALENDAR DAYS ................................................................................................... SP-12 25 . RIGHT TO ABANDON ............................................................................................. SP-12 26 . CONSTRUCTION SPECIFICATIONS ..................................................................... SP-12 27 . MAINTENANCE STATEMENT ................................................................................ SP-13 28 . DELAYS ....................................................................................................... SP-13 29 . DETOURS AND BARRICADES ............................................................................... SP -13 30 . DISPOSAL OF SPOIL/FILL MATERIAL ................................................................... SP-13 31. QUALITY CONTROL TESTING .............................................................................. SP-14 32. PROPERTY ACCESS ............................................................................................. SP -15 33. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ....................... SP -15 34 . WATER DEPARTMENT PRE-QUALIFICAT IONS ................................................... SP-15 35. RIGHT TO AUDIT .................................................................................................... SP-15 36. CONSTRUCTION ST AKES ...................................................................................... SP-16 37. LOCATION OF NEW WALKS AND DRIVEWAYS ................................................... SP-16 38 . EARLY WARNING SYSTEM FOR CONSTRUCT ION .............................................. SP-16 39 . AIR POLLUTION WATCH DAYS .............................................................................. SP-17 Rev 2-19 -10 SP-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS : 40 . PAY ITEM-HEADWALL-36 INCH PIPE -INSTA L L (BID-00075 ): ...................... SP-18 41 . PAY ITEM -PIPE -21 -INCH CLASS -INSTALL (BID-0008 1 ), PAY ITEM -PIPE - 24-INCH CLASS -INSTALL (BID-00082), PAY ITEM -PIPE -30-INCH CLASS - INSTALL (B ID-00083 ), AND PAY ITEM -PIPE -36 -I NCH CLASS -INSTALL (BID- 00085): .................................................................................................................... SP-18 42. PAY ITEM-EROSION CONTROL-GABION BASKET -INSTALL (BID-00067): .SP-18 43. PAY ITEM-INLET -RECESSED-10 Ft -INSTALL (BID-00111), PAY ITEM - INLET -RECESSED-15 Ft -INSTALL (BID -00112), AND PAY ITEM -MANHOLE - 4 Ft-INSTALL (BID-00118): .................................................................................. SP-18 44. PAY ITEM-GRASS-BERMUDA SOD -INSTALL ............................................... SP-19 45. PAY ITEM -SAFETY SYSTEM> 5 FOOT DEPTH -INSTALL ................................ SP-19 46. PAY ITEM -PAVEMENT-2-INCH SURFACE MILLING -INSTALL ....................... SP-20 47 . PAY ITEM -PAVEMENT -2-INCH HMAC SURFACE COURSE TYPE "D" MIX - INSTALL ................................................................................................................... SP-20 48 . PAY ITEM -PAVEMENT -2 INCH MIN HMAC ON 2/27 CONCRETE BASE - INSTALL (BID-00443) .............................................................................................. SP-22 49 . PAY ITEM-PAVEMENT -VALLEY GUTTER -INSTALL ....................................... SP-22 50 . PAY ITEM -PAVEMENT-REMOVE EXISTING CONCRETE VALLEY GUTTER - REMOVE ................................................................................................................. SP-22 51. PAY ITEM -TRAFFIC CONTROL-INSTALL ......................................................... SP -23 52 . PRE BID ITEM-SIGN -PROJECT DESIGNATION -INSTAL L. ............................. SP-24 53. PRE BID ITEM -UTILITY ADJUSTMENT-REPAIR ............................................... SP-25 54 . NON-PAY ITEM -CLEARING AND GRUBBING ...................................................... SP-25 55. NON-PAY ITEM -SPRINKLING FOR DUST CONTROL .......................................... SP-25 56. NON-PAY ITEM -PROTECTION OF TREES , PLANTS AND SOIL ......................... SP -25 57 . NON-PAY ITEM -PROJECT CLEAN-UP ................................................................. SP-25 58 . NON-PAY ITEM -PROJECT SCHEDULE ................................................................ SP-26 59 . SCHEDULE TIERS SPECIAL INSTRUCTIONS ....................................................... SP-28 60 . NON-PAY ITEM -NOTIFICATION OF RESIDENTS ................................................ SP-29 61 . NON-PAY ITEM -PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION ..................................................................................................... SP-29 62 . NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING ............... SP-29 63. NON-PAY ITEM -WASHED ROCK .......................................................................... SP-30 64 . NON PAY ITEM-LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES .................................................................................................................... SP-30 65. NON PAY ITEM-SPRINKLER HEAD ADJUSTMENT ............................................. SP-30 66 . NON PAY ITEM -FEE FOR STREET USE PERMITS AND RE -INSPECTIONS ...... SP-30 67 . NON PAY ITEM -TEMPORARY EROSION , SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................ SP-31 Rev 2-19-10 SP-2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: RUIDOSA BANDERA DRAINAGE IMPROVEMENTS CITY PROJECT NO.: 01119 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following : Construction of a storm drain system for the drainage area from the Plantation Creek (West) at the end of Geronimo Trail, Bandera Road , Ruidosa Trail and Coronado Court, 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: 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, Design Consultant, and City shall meet at the call of the City for a preconstruction conference before any work begins on this project. At this time, details of sequencing of the work , contact individuals for each party , request for survey , and pay requests will be covered . Prior to the meeting , the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction . 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. 5. BID SUBMITTAL: Bidders shall submit a complete package, including ALL completed forms that must be submitted with the Proposal (including Vendor Compliance to State Law). Failure to provide a complete bid package may be grounds for designating bids as "non-responsive " and rejecting bids as appropriate and as determined by the Director of the Transportation and Public Works Department. Rev 2-19-10 SP-3 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 proj ects , 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 subsid iary item of work , the cost of which shall be included in the price bid in the Proposal for each bid item , including but not lim ited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No . 102 "Clearing and Grubbing " and shall be subsidiary to the other items of the contract. 10 . LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC : The Contractor's particular attention is directed to the requirements of Item 7 , "Legal Relations and Responsib ilities to the Public " of the "Standard Specifications for Street and Storm Drain Construction ". 11. WAGE RATES : Comp liance 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 determ ined by the City Council of the City of Fort Worth to be the preva iling wage rates in acco rdance 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 preva iling 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 reta ined by the City to offset its administrative costs, pursuant to Texas Government Code 2258 .023 . Compla ints of Violations and City Determination of Good Cause . On rece ipt 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 violat ion occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City 's determ ination that there is good cause Rev 2-19-10 SP-4 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 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 arb itrator is final and binding on all parties and may be enforced in any court of competent jurisdiction . Records to be Maintained . The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker . The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall 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. 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 locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Rev 2-19 -10 SP-5 Any damage to utilities and any losses to the utility or City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense . 13. MA TE RIAL STORAGE : Material shall not be stored on private property unless the Contractor has obtained permission in writing from the property owner and storage of material on the private property complies with current City zoning requirements for the use of property for storage purposes. 14. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Design Consultant 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. 15. INCREASE OR DECREASE IN QUANTITIES : The quantities shown in the Proposal are approximate . It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No additional compensat ion shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary , and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents . No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 16 . CONTRACTOR 'S RESPONSIBILITY FOR DAMAGE CLAIMS : Contractor Covenants and agrees to indemnify City 's Design 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. Rev 2-19-10 SP-6 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 cla im has been settled and/or a release from the claimant involved , or (b) provides City with a letter from Contractor's liability insurance carr ier that the claim has been referred to the insurance carrier. The Director may , if deemed appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 17 . EQUAL EMPLOYMENT PROVISIONS : Contractor shal l comply with City Ordinance Number 7278 as amended by City Ordinance Nu mber 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) proh ibiting discrimination in employments practices . The Contractor shall post the required not ice to that effect on the project site , and at his request , will be provided by assistance by the City of Fort Worth 's Equa l Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acqui red from the Equal Employment Officer. 18. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with. City of Fort Worth Ordinance No . 15530, the City has goa ls for the participation of mino rity business enterprises and women bus iness 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 applicab le , must be submitted within five (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 perfo rmed 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 fo r te rmination of the contract and/or initiating act ion unde r appropriate federa l, 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 Ord inance , or to demonstrate "good faith effort ", shall result in a bid being rendered non-responsive to specifications . Cont ractor 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 Rev 2-19-10 SP -7 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 M/WBE shall be given an opportunity to perform the work . Whenever a change order exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall : 1. 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 des ires to change or delete any of the M/WBE subcontractors or suppliers . Justification for change may be granted for the following : Rev 2-19-10 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. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. SP-8 With in ten (10) days after final payment from the City , the Contractor shall prov ide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 19. 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 restoring the worksite to an orderly appearance . 20 . 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 workers' compensation insurance coverage for the person's or entity's employees providing services on a project , for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity . Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project , regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. Th is 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 , o r other services related to a project. "Services" does not include activ it ies 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 prov iding 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 cove rage ends during the duration of the project , the Contractor must, prior to the end of the coverage Rev 2-19-10 SP-9 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 beginn ing work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project ; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g . The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known , or any change that materially affects the provision of coverage of any person providing services on the project. h . The Contractor shall post on each project site a notice , in the text, form and manner prescribed by the Texas Worker's Compensation , informing all persons providing services on the project that they are required to be covered , and stating how a person may 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 ) (2) (3) (4) Rev 2-19-10 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 ; provide to the Contractor, prior to that person beg inning 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; 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; obtain form each other person with whom it contracts , and provide to the Contractor: SP-10 (a) a certificate of coverage , prior to the other person beg inn ing 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 requ ired 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 prov iding services on the project ; and (e) contractually require each person with whom it contracts , to perform as required by paragraphs (1 )-(7), w ith the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage , the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project w ill be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts , and that all coverage agreements will be filed with appropriate insurance carrier or , in the case of a self-insu red , with the commission's Division of Self-Insurance Regulation . Providing false or misleading informat ion may subject the Contractor to administrative , criminal , 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 serv ices 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 Comm iss ion rules . Th is notice must be pr inted with a title in at least 30 point bold type and text in at least 19 point normal type , and shall be in both English and Spanish and any other language common to the Worker population . The text for the notices shall be the following text , without any additional words or changes : Rev 2-19-10 SP-11 "REQUIRED WORKER'S COMPENSATION COVERAGE " The law requires that each person working on this site or provid ing services related to this construction project must be covered by worker's compensation insurance. This includes pe rsons 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 Compensat ion 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". 21 . SUBSTITUTIONS : The specifications for materials set out the minimum standard of quality that the C ity believes necessary to procure a sat isfactory project. No subst itutions will be permitted until the Contractor has received written permission of the ENGINEER to make a subst itution 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 , the substitut ion must be approved by the City . 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 Contracto r shall have the full responsibility of providing that the proposed substitution is , in fact , equal , and the ENGINEER , as the representative of the City , shall be the sole judge of the acceptability of substitutions . The provisions of the sub-section as related to "substitutions " shall be applicable to all sections of these specifications . 22. MECHANICS AND MATERIALMEN 'S LIEN : The Contractor shall be required to execute a release of mechan ics and materialmen 's liens upon rece ipt of payment. 23 . 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. 24. CALENDAR DAYS : The Contractor agrees to comp lete the Contract within the allotted number of calendar days . 25 . 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 beg ins any construction work authorized by the City. 26. CONSTRUCTION SPECIFICATIONS : This contract and project are governed by the two following published specifications , except as modified by these Special Prov isions : Rev 2-19 -10 SP-12 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 Transportation and Public Works , 1000 Throckmorton Street , 2 nd Floor , Municipa l 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. General Provisions shall be those of the Fort Worth document rather than Divis ion 1 of the North Centra l Texas document. 27. MAINTENANCE STATEMENT : The Contracto r shall be responsible for defects in this project due to faulty materials and workmanship , or both , fo r 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 . 28 . 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 Transportation and Public Works Department and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval ; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the ENGINEER to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work , then such delay will entit le 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 rema in in full force until the discharge of the contract. 29. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facil ities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as requ ired by ENGINEER by provid ing barricades . Barricades , warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detou r Signs ," Item 524 and/o r 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 " 30 . DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material , the Contractor shall advise the Director of the Department of Transportation and Public Works 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 Rev 2-19-10 SP-13 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 d isposal 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 s igned by the Administrator stating that the site is not in a known flood plain or by a Flood Pla i n 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 adm inistrator approv ing the disposal s ite , upon notification by the Director of Transportation and Public Works , 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 . 31. QUALITY CONTROL TESTING : (a) The Contractor shall furnish , at its own expense , cert ifications 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 wh ich the material was taken . The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor 's laboratory at least nine days prior to the placing of concrete using the same aggregate , cement and mortar which are to be used later in the concrete. The Contracto r shall provide a certified copy of the test results to the C ity. (c) Quality control testing of on site material on th is 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 responsib ility 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 be ing 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. 32 . PROPERTY ACCESS : Access to adjacent property shall be maintained at all times unless otherwise directed by the ENGINEER. Rev 2-19-10 SP-14 33 . 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 S IX 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 w ithin six feet of high voltage electric lines, notification shall be given the power 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 the power company and shall record action taken in each case . (d) The Contractor is required to make arrangements with the power company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense . (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 34. 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 . 35 . 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 direct ly 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 Rev 2-19-10 SP-15 records of such subcontractor involving transact ions 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 provis ions 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 Contracto r for the cost of copies at the rate published in the Texas Adm inistrative Code in effect as of the time copying is performed. 36 . 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 cons istent with professional practice to establ ish line and grade for roadway and utility construct ion 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, san itary 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 wh ich they were furnished. If, in the opinion of the ENG INEER , 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 reg istered 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. 37. LOCATION OF NEW WALKS AND DRIVEWAYS : The Contractor will make every effort to protect existing trees within the parkway , with the approval of the ENGINEER , the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees. 38. EARLY WARNING SYSTEM FOR CONSTRUCTION : T ime 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 Rev 2-19-10 SP-16 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 Transportation and Public Works and the Water Department will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion , be required to be provided to interested individuals will distributed by the Transportation and Public Works Department's Public Information Officer. 4 . Upon receipt of the Contractor's response , the appropriate City departments and directors will be notified. The Transportation and Publ ic Works Department will, if necessary, then forward updated notices to the interested individuals . 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. 39. 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 , with in the Metroplex area , runs from May 1 through OCTOBER 31 , with 6:00 a .m. -10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. The Texas Commission on Environmental Quality (TCEQ), in coordination w ith the National Weather Serv ice , 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 cont inuous 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 , the calendar days allowed may be adjusted . Rev 2-19 -10 SP -17 CONSTRUCTION 40. PAY ITEM -HEADWALL -36 INCH PIPE -INSTALL (BID-00075): Description: This item will consist of constructing concrete headwall and removal of existing concrete required to facilitate the installation as specified on sheet D-03. Measurement and Payment: Payment shall be measured by the cubic yard of concrete and paid at the unit price in the Proposal , which shall be total compensation for furnishing concrete , forms , reinforcing bars and removal of existing concrete to complete the concrete headwall . 41 . PAY ITEM-PIPE-21-INCH CLASS -INSTALL (BID-00081), PAY ITEM-PIPE- 24-INCH CLASS -INSTALL (BID-00082), PAY ITEM -PIPE -30-INCH CLASS - INSTALL (BID-00083), AND PAY ITEM -PIPE -36-INCH CLASS -INSTALL (BID- 00085): Description: Furnish and install reinforced concrete pipe, materials for precast concrete storm drain mains, laterals, stubs, and inlet leads. Precast reinforced concrete pipe shall conform to ASTM C 76 Class 111 Pipe. All work shall be performed in accordance with City of Fort Worth Standard Specifications and details. See sheet D-03 for trench bedding and pavement repairs. Measurement and Payment: payment shall be measured by the linear foot of reinforce concrete pipe and paid at the un it price in the Proposal, which shall be total compensation for furnishing concrete pipe , trenching and backfilling and all of its appurtenances complete in place. Pavement repair is not included in this bid item . 42 . PAY ITEM-EROSION CONTROL-GABION BASKET -INSTALL (BID-00067): Description: This item will consist of gabion mattresses installed as specified on sheet G-03 and D-03 . Measurement and Payment: Payment shall be measured by the cubic yard of gabion mattress and paid at the unit price in the Proposal, which shall be total compensation for furnishing limestone rock , baskets, and filter fabric and incidentals necessary , to complete the erosion control system . 43.PAY ITEM-INLET-RECESSED-10 Ft -INSTALL (BID-00111), PAY ITEM - INLET -RECESSED-15 Ft -INSTALL (BID-00112), AND PAY ITEM -MANHOLE - 4 Ft-INSTALL (BID-00118): Description. Construct manholes and inlets , complete in place or to the stage detailed , including furnishing and installing frames, grates , rings and covers . Drainage junction boxes are classified as manholes. Furnish materials in accordance with the City of Fort Worth Standard Specifications and Details. Measurement and Payment: All manholes and inlets satisfactorily completed in accordance with the plans, City of Fort Worth Standard Specifications and details shall be measure by each and paid at the unit price in the Proposal , which shall be total compensation for concrete, reinforc ing steel , mortar, aluminum and castings, Rev 2-19-10 SP-18 frames, grates , rings and covers , excavation, and backfill and for all other materials, tools, equipment, labor, and incidentals. 44. PAY ITEM-GRASS-BERMUDA SOD -INSTALL (BID-00132): This pay item shall consist of the replacements of a like grass sod that was removed under this contract due to the removal and replacement of driveways, wheelchair ramps , and curb and gutters as determined by the Engineer. All materials shall be of recent production , and suitable for the i r intended purpose. Contractor shall complete the replacement of the sod within ten (10) working days from the day of completing the HMAC overlay of street. Sod Products Specifications: • Sod shall consist of live and growing grass. • Grass shall have a healthy, virile root system of dense, thickly matted roots throughout and approximately one-(1) inch minimum thickness of native soil attached to the roots . • Sod will be free from obnoxious weeds or other grasses and be free from any deleterious matter that might hinder the growth of the grass . • Sod material must be kept moist from the time it is dug until planted . Sod Installation Specifications: • The area to be sodded shall be determined by the City. • The sodded area shall be smoothed down. • The sodded area shall be thoroughly watered immediately after it is planted . The unit price bid per square yard will be full compensation for all labor, material, tools, and incidentals necessary to complete the work. 45. PAY ITEM -TRENCH SAFETY SYSTEM > 5 FOOT DEPTH -INSTALL (BID- 00372): Description: This item will consist of the bas ic 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, includ ing removal of the system . Rev 2-19-10 SP-19 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. 46 . PAY ITEM -PAVEMENT-2-INCH SURFACE MILLING -INSTALL (BID-00448) This pay items shall consist of milling the existing pavement at a depth of 2-inch . The surface milling shall be completed within ten (10) working days from the day of completing concrete work (curb and gutter, driveways , valley gutter, sidewalk) on any street. If the contractor fails to complete the surface milling within ten (10) working days , $100 dollar liquidated damage will be assessed per block per day. The surface milling operations shall be performed in a continuous manner for the entire block. After completion of the surface milling, Contractor shall complete overlay ing the milled street within five (5) working days from the day of completing the surface mill ing on any street. If the Contractor fails to complete the overlay within five (5) working days , then the milling operations of new streets will be shut down , and liquidated damage of $200 .00 per day per street will be assessed until all milled streets are overlaid. Once the overlay begun on a street , it shall continue uninterrupted until completed. Subsidiary to this pay items , the Contractor shall hau l-off all milled material to the City yards. The unit price bid per square yard shall be full compensation for all mill ing, including milled material haul-off to City Yards , tools, labor, equ ipment and incidentals necessary to complete the work. 47 . PAY ITEM -PAVEMENT -2-INCH HMAC SURFACE COURSE TYPE "D " MIX - INSTALL (BID-00447) All applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways , Streets , and Bridges" Item Nos. 300 "Asphalts , Oils, and Emulsions" (referenced), 310 "Prime Coat" (referenced), and 340 "Dense --Graded Hot-Mix Asphalt (Method)" (referenced) shall govern work of pay items No . 29 & 30. The following amendments to the above TxDOT's specifications shall govern , take precedence and shall include : Item No. 340 "Dense--Graded Hot-Mix Asphalt (Method)" (referenced): • Under Item 340 .2, Materials, A. Aggregates : The surface aggregate class ification (SAC) shall be Class B. The Contractor shall perform the Los Angeles abrasion , magnesium sulfate soundness , Micro-Deval and all other aggregate qual ity tests listed in Table 1. 2. RAP will not be allowed , for use, in surface course Type "D " mix . • Under Item 340.2, Materials, D. Asphalt Binder : Furnish performance-graded PG 64-22 for H.M.A.C. surface course , level up and pavemenUbase repair or replacement. Rev 2-19-10 SP-20 • Under Item 340.4, Construction : The City of Fort Worth , Texas will perform qual ity assurance tests and checks on the paving project materials during construction , to ensure compliance with the specifications and approved mixture design. The sampl ing and testing of the materials shall be made at the expense of the City. In the event the sampling and testing does not comply with the specifications , all subsequent testing of the material , in order to determi ne if the material is acceptable , shall be furnished and paid by the contractor, as directed by the Engineer. Samples will be taken for determination of asphalt content , aggregate gradation , and maximum theoret ical specific gravity as determined by the Engineer. For each hot mix asphalt surface course placed , nuclear gauge in-place density testing will be performed at each 300-ft station. For each hot mix asphalt surface course placed , cores will be obtained to determine in-place density and th ickness . The cores will be taken at the maximum interval of 300-ft (to coincide with field density locations). • Under Item 340.4, Construction, A. Mixture Design : The contractor shall furnish mixture design of the proposed hot mix asphalt , at or before the pre-construction meeting . The Contractor shall submit to the Engineer a mixture design prepared by an AASHTO accredited laboratory, for the materials to be used in the project. Using the typical weight design example in Tex-204-F , Part I, the mixture design shall meet the requirements contained in Tables 1 through Table 5 of Item 340. The Indirect Tensile-Dry (Tex-226-F) and the Hamburg Wheel - tracking (Tex-242-F) tests shall be waived. The mixture design report must be certified and signed by a Level II Specialist and submitted on TxDOT's software forms . The Engineer may verify the mixture design at optimum asphalt content. • Under Item 340.4, Construction, B. Job-Mix Formula Approval : The Contractor will perform the Boil Test (Tex-530-C). • Under Item 340.4, Construction, J . Ride Quality: The Ride Quality Surface Type A test (10-foot straight edge) shall be measured . • Under Item 340.5 Measurement: Hot mix will be measured by the square yard of the composite hot mix, which includes asphalt, aggregate and additives . • Under Item 340 .6 Payment: The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement", will be paid for at the unit price bid per square yard , for "Dense-Graded Hot Mix Asphalt (Method)". Rev 2-19-10 SP-21 48. PAY ITEM -PAVEMENT - 2 INCH MIN HMAC ON 2/27 CONCRETE BASE - INSTALL (BID-00443): This item shall include the construction of aphalt pavement along the trench of the storm drainage system. Removal of existing asphalt pavement and necessary excavation to install the storm drainage system shall be subsidiary to this pay item. 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 permanent asphalt pavement trench repair details shall be subsidiary to this Pay Item. See standard specification Item 314 "Concrete Pavement", 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 asphalt pavement will be by the square yard. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". 49. PAY ITEM -PAVEMENT -VALLEY GUTTER -INSTALL (BID-00473) This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. 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 314 "Concrete Pavement", 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 . 50. PAY ITEM -PAVEMENT-REMOVE EXISTING CONCRETE VALLEY GUTTER - REMOVE (BID-00474) This item shall include the removal of existing valley gutters, at locations to be determined in field by the Construction Engineer with same day haul-off of the removed material to a suitable dumpsite. Rev 2-19-10 SP-22 Contractor shall sawcut existing sidewalk, curb and gutter and/or pavement prior to valley gutter removal. Sawcutting and removal of asphalt pavement, concrete base , curb and gutter, and necessary excavation to install the concrete valley gutters all shall be included in this pay item . For specifications govern ing this item , see City Standard Specifications , Item No . 106, "Unclassified Street Excavation", Drawing No . S-S6 and detail enclosed . 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 five (5) working days . If the contracto r fails to complete the work on each half within five (5) working days , a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. Included, and figured subsidiary to this unit price , w ill be the required sawcut excavation , as per specification Item No . 106 "Unclassified Street Excavation", into the street to aid in the construction of the valley gutter. The pay limit will be 9-inch out from the valley gutter. The street void shall be filled with H .M .A.C . Type "D" mix (PG 64-22) in accordance w ith all applicable provisions of TxDOT's "Standard Specifications for Construction and Maintenance of Highways , St reets, and Bridges " Item Nos . 300 "Asphalts, Oils, and Emulsions", 310 "Prime Coat" (referenced), and 340 "Dense-Graded Hot-Mix Asphalt (Method)" (referenced) and compacted to standard densities . The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials , labor, equipment , tools and incidentals necessary to complete the work. 51. PAY ITEM-TRAFFIC CONTROL-INSTALL (BID-00181): The contractor will be requi red to obta in a "Street Use Permit" prior to starting work . As part of the "Street Use Permit" a traffic control plan is required . The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways " issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways ," codified as Article 6701 d Vernon 's Civil Statutes , pertinent sections being Section Nos . 27 , 29 , 30 and 31 . Unless otherwise included as part of the Construction documents , the Contractor shall submit a traffic control plan (duly sealed , signed and dated by a Registered Professional Engineer (P .E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction confe rence. 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 establ ished 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 Publ ic Works Department to remove the s ign. In the case of regulatory signs , the Contractor must rep lace 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 Rev 2-19-10 SP-23 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 Eng ineer. The lump sum pay item for traffic control shall cover design , and / or installation and maintenance of the traffic control plans . 52 . PRE BID ITEM -SIGN -PROJECT DESIGNATION -INSTALL (BID-00504): The Contractor shall construct and install two (2) Project Designat ion Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable cond ition at all times on each project under construction . Maintenance will include painting and repairs as directed by the ENGINEER. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance w ith the enclosed detail. The qua lity of the paint, pa inting 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 %" fir plywood , grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the ENG INEER and in place at the project site upon commencement of construction. The work, which includes the painting of the signs , installing and remov ing the signs , furnishing the materials , supports and connections to the support and ma i ntenance shall be to the sat isfaction of the ENGINEER. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the work. 53. PRE BID ITEM -UTILITY ADJUSTMENT-REPAIR (BID-00414): This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal ; however, this does not guarantee any payment for utility adjustments , neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" 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 repa ired 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. Rev 2-19-10 SP-24 54. 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. 55. 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. 56. 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. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus , all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 57. 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 other properties. 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 sat isfaction of the ENGINEER. Rev 2-19-10 SP-25 58. NON-PAY ITEM -PROJECT SCHEDULE: Before commencing any work under this contract , the CONTRACTOR sha l l submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specificat ion , showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submitta ls shall be subm itted in PDF format , and schedule files shall also be subm itted in native file format (i.e. file formats associated w ith the scheduling software). The approved scheduling software systems for creat ing the schedule files are : -Primavera (Ve rsion 6.1 or later or approved by OWNER) -Primavera Contractor (Version 6.1 or later or approved by OWNER ) -Primavera SureTrak (Version 3.x or later or approved by OWNER) -Microsoft Project (Version 2003/2007 or later or approved by OWNER) It is suggested that the CONTRACTOR employ or retain the services of a qualified Project Scheduler to develop the required schedules . A qual ified Project Scheduler would have the follow ing minimum capabilities and experience. a. Experience preparing and maintaining detailed schedules , as well as 1 year of experience using approved schedu li ng software systems as defined in this specification. b. Knowledge of Critica l Path Method of scheduling and the abi lity to analyze schedules to determine duration , resource allocation , and logic issues . c. Understanding of construction work processes to the extent that a logical crit ical path method schedule can be developed , maintained , and progressed that accurately represents the scope of work performed . 58(a) BASELINE CONSTRUCTION SCHEDULE : The CONTRACTOR shall develop , submit and review the draft detailed baseline construction schedule with the OWNER to demonstrate the CONTRACTOR 's understanding of the contract requirements and approach for performing the work . The CONTRACTOR will prepare the final detailed baseline construction schedule based on OWNER comments , if any. The CONTRACTOR 's first (1st) payment application will only be processed after the detailed baseline construction schedule has been submitted by the CONTRACTOR and accepted by the OWNER. The following guidelines shall be adhered to in preparing the baseline construction schedule . a. Milestone dates and final project completion dates shall be developed to conform to the time constraints , sequencing requirements , and completion t ime. b. The construction progress shall be divided into activities with t ime durations no greater than 20 work days . Fabrication , delivery and submittal act ivities are exceptions to th is guidel ine . c . Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity . d. The crit ical path shall be clearly shown on the construction schedule . e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM. Float time is a shared and expiring resource and is not for the exclusive use o r benefit of the CONTRACTOR or OWNER. Rev 2-19-10 SP-26 f. Thirty days shall be used for submittal review unless otherwise specified . The construct ion schedule shall be divided into general activit ies as ind icated in the Schedule Guidance Document and each general activity shall be broken down into sub- activities in enough detail to ach ieve sub-activities of no greater than 20 days duration. The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of this contract document by reference for all purposes , the same as if copies verbatim herein. For each general activity, the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by act ivities that follow the guidelines of this section . For each of the trades or subcontracts applicable to the project , the construction schedule shall indicate the following : procurement , construction , pre-acceptance activities , and events in their logical sequence for equipment and materials . Include applicable activities and milestones such as : 1. Milestone for formal Notice to Proceed 2 . Milestone for Final Completion or other completion dates specified in the contract documents 3. Preparation and transmittal of submittals 4 . Submittal review periods 5 . Shop fabrication and del ivery 6. Erection and installation 7. Transmittal of manufacturer's operation and maintenance instructions 8. Installed equipment and material testing 9. Owner's operator instructions (if applicable) 10. Final inspection 11. Operational testing 58(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall prepare and submit monthly to the OWNER for approval the updated schedule in accordance with Section 81 and 82 and the OWNER's Schedule Guidance Document inclus ive . As the Work progresses , the CONTRACTOR shall enter into the schedule and record actual progress as described in the Schedule Guidance Document. The updated schedule submittal shall also include a concise narrative report that highlights the following , if appropriate and applicable: • Changes in the crit ical path , • Expected schedule changes , • Potential delays , • Opportunities to expedite the schedule , • Coordination issues the OWNER should be aware of or can assist with , • Other schedule-related issues that the CONTRACTOR wishes to commun icate to the OWNER. a. The CONTRACTOR's monthly progress payment applications will not be accepted and processed for payment without monthly schedule updates , submitted in the time and manner required by this specification and the Schedule Guidance Document , and which accurately reflects the allowable costs due under the Contract Documents and is accepted by the OWNER. Rev 2-19-10 SP-27 b. Only one schedule update will be required per month in accordance with the Schedule Guidance Document and this specification. c . Failure to maintain the Schedule in an accepted status may result in the OWNER withholding payment to the CONTRACTOR until the schedule is accepted. 58(c) PERFORMANCE AND CONSTRUCTION SCHEDULE : If, in the op inion of the OWNER , work accomplished falls behind that scheduled , the CONTRACTOR shall take such action as necessary to i mprove his progress . In addition , the OWNER may requ ire the CONTRACTOR to submit a revised schedule demonstrati ng his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time . Failure of the CONTRACTOR to comply w ith these requ irements shall be considered grounds for determination by the OWNER that the CONTRACTOR is fail ing to execute the Work with due diligence as will ensure completion within the time specified in the Cont ract. 59. SCHEDULE TIERS SPECIAL INSTRUCTIONS : The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents . The requirements for each Tier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents. TIER 3 COST LOAD ING SPECIAL INSTRUCTIONS : 1. At a minimum , each Activity Breakdown Structure (ABS) in the schedul ing software shall be cost-loaded with the total contract dollars associated with the respective ABS elements . TIER 4 COST LOADING SPECIAL INSTRUCTIONS : 1. Adhere to all Tier 3 requ irements , and additionally the following : 2. Work (Schedule of Values Pay Items us ing the OWNER 's standard items) shall be loaded into the scheduling software using the "NON-LABOR" resource type show ing the quantity of work to be done along with the corresponding value of the work measured in dollars . It is intended that Earned Va lue will be calculated as the schedule resources are progressed. TIER 5 COST LOADING SPECIAL INSTRUCTIONS : 1. Adhere to all T ier 4 requirements , and additionally the fo llowing : • Labor resources (Man -Hours) shall be loaded into the scheduling software using the "LABOR" resource type with man-hours and w ithout cost. 60. 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 Rev 2-19-10 SP-28 writing , at least 48 hours in advance of saw-cutting joints during the construction of paving projects . All costs involved with providing such written notice shall be considered subsidiary to this contract. 61. 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 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 fo llows: 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 , C ity Proj ect 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 addit ion , 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 . All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 62. 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 locat ion 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 re lated questions . Every effort w ill be made to schedule the ne ighborhood meeti ng within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. 63 . 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 follow ing gradation and abrasion : (Actual washing not required if gradation is met) Sieve Size % Retained 1" 0-10 1/2" 40-75 3/8" 55-90 #4 90-100 #8 95-100 Rev 2-19-10 SP-29 Los Angeles Abrasion Test: 50% Maximum wear per A.S.T .M. Des ignation C-131 . 64. 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 th is contract before repaving commences for a particular street. The Contractor shall attempt to include the ENGINEER (if he is ava il able) in the observat ion and marking activity. In any event a street shall be completely marked a minimum to two (2) working days before repaving begins on any street. Marking the curbs with paint is a recommended procedure . It shall be the Contractor's responsibility to not ify the util ity companies that he has commenced work on the project. As the repaving 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 th is completion and indicate that start of the next one in order for the utilities to adjust facilities accord ingly . The Contractor shall be responsible for all materials , equ ipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. 65. 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 . 66 . NON PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS : Contractor is required to secure a Street Use Perm it , issued by the City of Fort Worth T ransportation and Public Works Permit Center (817 -392-6594) prior to any work in public right of way. Permit will not be issued without a traffic control plan sealed and signed by a registered professional engineer licensed to practice in the State of Texas. Failure to acquire the proper permit and permission may result in a fine of $500/day to the contractor performing the work. Payment by the contractor for all Street Use Permits shall be cons idered subsidiary to the contract cost and no additional compensation shall be made. 67. 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 otherw ise directed by the ENGINEER and they shall not include measures taken by the CONTRACTOR to control condit ions created by his construction operations . The temporary measures shall include dikes , dams, berms , sediment basins , fiber mats , jute netting , temporary seeding , straw mulch , asphalt mulch , plastic liners , rubble liners , slope drains and other devices. All inlet protection measures shall be Rev 2-19-10 SP-30 designed to allow for runoff to freely overflow into the inlet during a flood event. B. Further, erosion control measures placed in front of inlets, or in channels, drainageways or barrow ditches will be at the risk of the contractor. Contractor shall remain liable for any damage caused by the measures, including flooding damage which may occur due to blocked drainage. At the conclusion of any project, all channels, drainageways and barrow d itches in the work zone shall be dredged of any sediment generated by the project or deposited as a result of as a result of erosion control measures. Any such dredging must comply with all Federal, State and local regulations. C. CONSTRUCTION REQUIREMENTS: 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 control features on the project. The ENGINEER will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the ENGINEER. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . Rev 2-19-10 1. Frequent fordings of live streams will not be permitted; therefore , temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the ENGINEER, mechanized equipment shall not be operated in live streams. 2. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. SP -31 3. 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. 4. The Contractor shall take sufficient precaut ions to prevent pollution of streams , lakes and reservoirs with f uels , oils , bitumens , calcium ch loride or other harmful materials . He shall conduct and schedule his operations so as to avoid or minimize siltation of streams , lakes and reservo irs and to avoid interference w ith movement of migratory fish . D. SUBMITTAL : Prior to the start of the applicable construction , the Contractor shall subm it 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 eros ion control shall be considered subs idiary to the contract and no extra pay will be given for this work. Rev 2-19-10 SP-32 (T o be printed on Co ntrac tor 's Le tt erh ea d) Date: ----- CityNo: __ PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCOLOCATION: __ 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 COMP ANY 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 SU P ERINTEND E NT> AT <T ELEPHONE N O.> OR Mr. <CITY I NSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392-8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. Rev 2-19-10 SP-33 Compliance with and Enforcement of Prevailing Wage Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. ( c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation . (d) Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258.023 , Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph ( c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons . The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. (e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less , the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258 , Texas Government Code. (g) Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . City of Fort Worth, Texas Mayor and Council Communication rr::t COUNCIL ACTION: Approved on 7/8/2008 -:xs Pi •cr:m DA TE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RATES REFERENCE NO.: **G-16190 SUBJECT: Adopt 2008 Prevailing Wage Rates for City-Awarded Public-Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City-awarded public works projects . DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year The Quoin Chapter of the Associated General Contractors, in conjunction with the Association of Builders and Contractors (ABC) and the American Sub-Contractors Association (ASA), conducts a wage rate survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from that survey . FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/AccountlCenters Submitted for City Manag~r·s Office b_y_;_ Originating Department Head: Additional Information ConJact: FROM Fund/AccountlCenters Fernando Costa (8476) A . Douglas Rademaker (6157) Eric Bundy (7598) HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RA TES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator Electrician flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement M arking Machine Operator Pipe layer Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propelled Roller Operator, Steel Wheel , Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pave ment Scraper Operator Se rvicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy-Float Truck Driver, Sin_gle Axle, Heavy Truck Driver, Single Axle, Light Truck Driver, Tandem Ax le, Semi-Trailer Truck Driver, Transit-Mix Wagon Drill , Borin g Machine, Post Hole D r iller Operator Welder Work Zone Barricade Servicer $10.06 $13 .99 $12.78 $11.01 $ 8 .80 $14.15 $ 9 .88 $13 .22 $12 .80 $12 .85 $13 .27 $12 .00 $13.63 $12.50 $13.56 $14.50 $10 .61 $14 .12 $18 .12 $ 8.43 $11.63 $11.8 3 $13.67 $16.3 0 $12.62 $ 9.18 $10 .65 $16.97 $11.83 $11.58 $15 .20 $14 .50 $14 .98 $13 .17 $10.04 $11.04 $14 .86 $16.29 $11.07 $10.92 $11.2 8 $11.42 $1 2 .32 $1 2.33 $10.92 $1 2.60 $1 2.91 $12 .03 $14 .93 $11 .4 7 $10 .91 $11.75 $12.08 $1 4.00 $13.57 $10 .09 Classification AC Mechanic AC Mechanic Helper Acoustical Ceiling Mechan ic Brick layer/Stone Mason Bricklayer /Stone Mason Helper Carpenter Carpenter Helper Conc rete Finisher Concrete Form Builder Drywall Mechan i c Drvwall Helper Dryv,all Taper Drywall Tape r Helper Electrician (Journeyman) Electrician Helper Electronic Technician Electronic Technician Helper Floor Layer (Re silient) Floor Laye r Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common La borer Skilled Lather Pa i nter Painter Helper Plpefitter Pipefitter Helper Plasterer Plasterer Helper 2008 PREVAI LING WAGE RATES CONSTRUCTION INDUSTRY Hrly Rate Classification $21.69 Plumbe r $12.00 Plumber Helper $15.24 Reinforcing Steel Setter $19.12 Roofer $10.10 Roofer Help er $16 .23 Sheet Metal Worker $11. 91 Sheet Metal Worker Helper $13.49 Sprin k ler System Installer $13.12 Spr inkl er System Installer Help er $14.62 Steel Worker Structural $10.91 Conc r ete Pump Crane , Clam sheel, Backhoe , Derrick, o·une $13.00 Shovel $9 .00 Forklift $20.20 Front End Loader $14.43 Truc k Drive r $19 .86 Welder $12 .00 Welder Helper $20.00 $13.00 $18.00 $13.00 $14.78 $11.25 $10.27 $13.18 $16 .10 $14 .83 $8 .00 $18 .85 $12 .83 $17.25 $12 .25 Hrly Rate $20.43 $14 . 90 $10.00 $14.00 $10.00 $16 .96 $12 .31 $18 .00 $9 .00 $17.43 $20.50 $17 . 76 $12.63 $10.50 $14.91 $16 .06 $9 .75 STANDARD DETAILS FORT WORTH ·~ STORM DRAIN DETAILS FIGURE TITLE SD-001 Standard 1 O' Storm Drain Inlet SD-006 Standard 4 ' Square Manhole SD-012 Standard Cast Iron Frame & Cover SD-013 Cast Iron Manhole Steps SD-020 Standard 15' Storm Drain Inlet #3 BARS @ 12" O.C. 8" 24" (REAR FACE, REAR WA LL) NOTES : B L . CX) N 24" CHAIN NO SWIVEL• USE #3 BARS X 3'-2" @ 22" 0 .C., UNLESS CONNECTING TO PAVEMENT, THEN USE #3 BARS X 5'-3" @ 22" O.C. A~ A::J PLAN VIEW #3 BARS @ 18" O.C. (NEAR FACE, REAR WALL) 8"f- #4 BAR X 11'-0" (2) #4 BARS X 15'-9" B A (SEE J NOTE 2) 1. DIMENS ION "D" (DEPTH) FOR ALL STANDARD 10' INLE TS SHALL BE 4 '-0" AT THE UPPER END AND 4'-8" AT THE OUTLET END (MEASURED FROM THE TOP OF CURB). FOR NON-STANDARD INLETS THE DEPTH WILL BE SHOWN ON THE PLANS . 2 . DIMENSION "A" SHALL BE THE GUTTER DIMENSION IN USE ON THE PROJECT. 3 . IF MANHOLE DEPTH IS OVER 5 '-0", STEPS WILL BE REQUIRED AND SHALL BE CONSTRUCTED PER DRAWING SD -013. 4 . GUTTER CONSTRUCTION IN FRONT OF IN LET (AS SHOWN) IS TO BE CONSIDERED AS PART OF SAME . 5 . ALL EXPOSED SURFACES ARE TO BE WELL FINISHED . EXCAVATION FOR INLET IS TO BE INCLUDED IN PR ICE B ID FOR SAME . A #3 BARS @ 18" O.C. (FRONT FACE , FRONT WALL) , · -o" --l----+----. FACE OF CURB #3 BAR X 15'-9" VARIES (SEE RADIUS AND- SLOPE AS STD. CURB NOTE 2) . ,.._ 3,f ' CHAMFER TOP OF CURB END OF INL ET TO BE NE AR CURB COR NER 7" GRADE OF GUTTER A T INL ET C/L ro ....... 3'-0" 10'-Q" OPEN ING PAY LIMIT OF INLET ELEVATI ON VIEW 3'-0 " 3/4" CHAMFER STD . CURB AND GUTTER -#3 BARS BENT INTO WALL (/) LLJ 0: <( > 8 " . <D 0 ~ 0 z LLJ LLJ ~ TO P OF GUTTER \ OUTSID E EDGE ~ 2 " : TDP OF CURB ? I \ ] ~ ----I -----------=+--I ------·r .=J....__ ---:::::-:-r= ----· -;,:,,, ___J _j_ . Q'.) T #4 BARS AT 8" O.C. ~ BOTH WAYS 1 "x 4 " KEYWA Y -- OR #3 L-BAR @ 3 '-4 8 " O.C. IN LIEU OF ------r-. FLow LINE SECTION B-B Lr OF GUTTER KEYWA Y SECTION A -A CITY OF FORT WORTH, TEXAS STANDARD 10' STORM DRAIN INLET REVISED DATE: 11-2009 DATE : 06-2007 SD-001 ix:, 'v Cl I I -.,.., ;,. 3-#4 BARS, AS SHOWN . IX) CITY STANDARD MANHOLE FRAME AND COVER FINI SHED STREET TOP OF PIPE #4 BARS @ ___.. 8" O.C.B .W. 5'-4" 4'-o" 8"-------8" PLAN BARS T #4 BARS @ 6" O.C.B.W. HOOKED AT EACH END 5-#4 x 9 " BARS TO BIN D BRICK TO TOP SL AB 8" 8 " 2 ii" TYPICAL--j f--- TYPICAL CORNER DETAI L PLAN VIEW t:l.QI£S; 1. MATER I ALS AND WORKMANSHIP SHALL CONFORM WITH THE REQUIREMEN TS OF CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR STANDARD CONCRETE MANHOLES . 2 . LAYERS OF REINFORCING STEEL NEAREST THE INTERIOR ANO EX TE RIOR SURFACE SHALL HAVE A COVER OF 2" TO THE CENTER OF BARS, UNLESS OTHERWISE NOTED. 3 . EXCAVATION FOR MANHOLE TO BE INCLUDED IN THE UNITS PRICE BID FOR MANHOLE . .-------BARS C .------4-.---1---~ #4 BARS @ 18" INSIDE FACE BARS C T 18" MAX. J BARS T-#4 BARS @ 6" O.C.B.W. ~ 0 z #4 BARS @ 18" INSIDE FACE BARS D .-+-+-++-+---BARS B #4 BARS @ 18" :;:;;:;:::;=i=~~h::;:;:;: #4 BARS @ 15" 1"x4 " KEY OR #4 BARS @ 8" C-C IN LIEU OF KEYWAY SECTION B-B VERTICAL BARS #4 BARS AT 18" (IF WALL HEIGHT IS OVER 6' USE STEEL REBAR SPACERS) SLOPE J,e " TO DRAIN w w VI p NOTE : DEPTH "D" SHALL BE SHOWN ON STORM DRAIN PLAN AND PROFILE SHEETS. OUTSIDE FACE INS IDE FACE 4-.-_..,....---4<,._...J_ __ -+-#4 DOWELS @ 18" ALL AROUND EXCEPT IN WAY OF PIPE -j12·f--j,2·f----- #4 BARS @ 6 " O.C.B.W. SECTI ON A-A NOTE : SLO PE INVERT OF M.H. AS INDICATED ON PLAN & PROFILE SHEET. CITY OF FORT WORTH , TEXAS STANDARD 4' SQUARE MANHOLE DATE: 06-2007 SD-006 MANHOLE FRAME & COVER SHOWN, (NEENAH R-1688 OR EQUAL 280 LBS.) FOR INLET, COVER MAY BE 20" (NEENAH R-1737 OR EQUAL, 185 LBS.) PLAN OF FRAME 25 3,4'' 22 1-2" 32" SECTION C-C 14" CORRUGATION CITY OF FORT WORTH , TEXAS STANDARD CAST IRON FRAME & COVER DATE: 06-2007 SD-012 A L CD NOTE: ALTERNATE DESIGNS MAY BE SUBMITTED FOR APPROVAL BY THE ENGINEER . I . 6" • 1 · 5 1,i" -1 1-2" 1" 1" 1" I· ·I· ·I· ·I I~/\ /\'---"--"'---/\ L...>,.__L'\ -~ SECTION A-A 12" 6" 5 1,i" t-------------i----__:__~----~" lO 3 l-2" 7" -------3,f' f-o---------~ PLAN VIEW CITY OF FORT WORTH, TEXAS CAST IRON MANHOLE STEPS A J DATE : 06-2007 SD-013 b · I~ N:::e - O> #3 BARS AT 6" C-C 3" 6" \ ""'-2-#6 BARS AT 6" C-C \ ONLY IN CENTER OF 15' INLET .... -____ -_.'\.__ 8" THICK WALL AT CENTER OF 15' INLET SECTION A-A ~A --A 15'-8" 8" CENTER WALL SEE SECTION A-A AND NOTE l 3'-0" ·1 I ..... , -----------, PLAN NOTE: ONE 15' INLET SHALL CONSIST OF TWO 7.5' REINFORCED CONCRETE INLETS CONSTRUCTED TOGETHER AS A SINGLE UNIT WITH THE ADJACENT ENDS OF THE TWO INLETS REMOVED AND JOINED TOGETHER SO AS TO FORM A CONTINUOUS BOX INLET HAVING A 15' -8" LENGTH OPENING. PROVIDE AN 8" CENTER WALL AS SHOWN IN SECTION A-A SEE DRAWING SD-001 FOR FINISHED INLET DETAILS . REVISED DATE: 07-2009 CITY OF FORT WORTH. TEXAS STANDARD 15' STORM DRAIN INLET DATE : 03-2009 SD-020 8'-o" 2'-7" 2'-10" 2'-7" -<-2.25" FORT WORTH n ....... .J I ~ . ~ 2.25" , Cl PROJECT NAME - I 2.5" ·v- 'c--J PROGRAM NAME / PROJECT#/ AMOUNT c:i z I This project is managed by the Department o2 'c--J w ~ Questions on this project, call (817) 392-8306 w ..J After hours water and sewer emergencies, call (817) 392-4477 'c--J \ \.. I ~ 2.5" \ \ I l 41-- 13" \ \ I 3"R (TYP.) _j 3 " l \ \ 7'-6 " \ T \ \ \ T \._j_ WH ITE L PMS 288 (BLUE) FQ~TS: FORT WORTH LOGO -CH ELTENH AM BOLD A LL OTH ER TEXT -ARIAL lQGQ COLO RS: FORT WORTH -PMS 288 (BLUE) LONGHORN LOGO -PMS 725 (BROWN) fORT,RTJI CITY OF FORT WORTH, T EXAS DATE: FEB. 2009 PROJECT SIGN -4'x8' E2 -1 CONSTRUCT ION (FOR C.I.P PROJECTS) WTR-034 CONTRACT BONDS AND INSURANCE CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH NAME OF PROJECT: Ruidosa Bandera Draina2e Improvements PROJECT NUMBER: P227-541200-203280111983 IS TO CERTIFY THAT: Jackson Construction, Ltd. Date~ is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance (Public Ea. Occurrence: $ Liability) Property Damage: Ea. Occurrence: $ Blasting Ea. Occurrence: $ Collapse of Building or structures adjacent to Ea. Occurrence: $ --- excavations Damage to Underground Utilities Ea. Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea. Person: $ Ea. Occurrence: $ Property Damage: · Ea. Occurrence: $ Bodily Injury: Contractual Liability Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Other Locations covered:----------------------------------- Description of operations covered:----------------------------- The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached . The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. Agency Insurance Company: ___________ _ Fort Worth Agent By _________________ _ Title ------------------Address ________________ _ 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 City Project No.01119 and City of Fort Worth Project No. P227- 541200-203280111983. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR Jackson Construction, Ltd. By4/~ Name: I 7'V~a~n\Jo?5't"NPaRners , T itle: Inc., General Partner Date: Cf /Q.o / 1 Q I ' Before me, the undersigned authority, on this day personally appeared ) a('~ H. j~ known to me to be the person whose name is subscribed to the foregjng instrument, and acknowledged to me that he executed the same as the act and deed of Jackson Construction, Ltd. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office thisa(faay of ¥· , 20 /Q . ,••""'"'' LISA RAULSTON e~Y ~Y~?.% Notary Pub\le , Stete of :rexes .i.J My Commission E.xp1r" ~·1 .. ,~;t septtmbtr lo, 20\3 ,,,uP.t,,,," PERFORMANCE BOND 1977432 THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OFT ARRANT § That we (1) Jackson Construction, Ltd. as Principal herein, and (2)The Hanover Insuranc!i* corporation organized under the laws of the State of (3)New** , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and finnly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of: Two Hundred Ninety-Six Thousand Seven Hundred Fifteen and no/100 ........................................................... .. ($296,715.00) Dollars for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 2~."-~j~t WHEREAS, Principal has entered into a certain contract with the Obligee dated the-· _ · ___. 2010 a copy of which is attached hereto and made a part hereof, for the construction of: Ruidosa Bandera Drainage Improvements NOW THEREFORE, the condition of this obligation is such, if the said Principle 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. *Company **Hampshire 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 --..:Z.. r ______ _____.~ ATTEST: gf~~~ \ Jackson Construction, Ltd. (SEAL) (SEAL) 1 Title : parrfi H .Ta!ksonC Presidfint of ICI art ers, nc; enera artner 5112 Sun Valley Dr. Fort Worth. TX 76119 15305 N Dallas Pkwy, #1100, Addison, TX 75001 (Address) 972-715-6232 NOTE: Date of Bond must not be prior to date of Contract #1100, Addison, TX 75001 (1) Correct Name of 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 Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE HANOVER INSURANCE COMPANY MASSACHUSETIS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS : That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint STEVEN R. FOSTER, JACKM. CROWLEY, PATRICIA A. SMITH, MARIE PERRYMAN of Dallas, TX and each is a true and lawful Attornevls)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United 0tates, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings , contracts of indemnity or other writings obligatory in the natu re thereof, as follows : Any such obligations in the United States, not to exceed Ten Million and Nol100 ($10 ,000,000) in any single instance and sa id companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the Pre sident or any Vice President, in conjunctio n with any As sistan t Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company , in its name and as its acts, to execute and acknowledge for and on its behalf as Sur ety any and all bonds, recognizanc es, contracts of indemnity , waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company . Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 -The Hanover In surance Company; Adopted Apr il 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals , duly attested by a V ice President and an Assistant V ice President, this 12th day of July, 2010. THE COMMONWEAL TH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 12th day of July , 201 O before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and C itizens Insurance Company of America, to me personally known to be the individuals and officers described herein , and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America , respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of sa id Corporations. uv7 A . .!' ./'? ' 9'--1 '] A d-: -A µ:f@.4zld4 t.L,. .. .YJ~~ Nolsry Public My commission expires on November 3 , 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and C itizens Insurance Company of America, hereby certify that the above and foregoing is a full , true and correct copy of the Original Power of Attorney issued by sa id Compan ies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be s igned by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America . "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Pow ers of Attorney and certification in respect thereto , granted and executed by the President or any Vice President in co njunction with any Assistant Vi ce President of the Company, sh all be bind in g on the Company to the same extent as if all signatu re s the rein were manually affixed , even though one or more of any such signatures thereon may be facsimile ." (Adopted October 7, 1981 -The Hanover Insurance Company ; Adopted April 14, 1982 Massachusetts Bay Insurance Company ; Adopted September 7, 2001 -~ Citizens Insurance Company of Am erica) ~ 1 . GIVEN under my hand and the seals of said Companies , at Worcester, Massachusetts, this d&,....,,~ ~p 2 8 2Qf0 , 20~ . v r -: .. - THE STATE OF TEXAS COUNTY OFT ARRANT § § § PAYMENT BOND 1977432 KNOW ALL BY THESE PRESENTS: That we, (1) Jackson Construction, Ltd., as Principal herein, and (2)The Hanover Insurance Company ___ , a corporation organized and existing under the laws of the State of (3)N ""'""'e..,,w_* _____ , 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 Two Hundred Ninety-Six Thousand Seven Hundred Fifteen and no/100 .............................. Dollars ($296,715.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs , executors , administrators, successors and assigns , jointly and severally, finnly by~h . presents: ~p 2 8 2 WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the __ ay of _____ , 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: Ruidosa Bandera Drainage Improvements 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 dul t authorized r~.e eserntati:eM ~ the executed this instrument. S~P 2 8 2C1 ~ ffllTC:uy-v SIGNED and SEALED this __ day of, _____ 2_0_1Q. y Principal and the Surety have *Hampshire Jackson Construction, Ltd. ATTEST: d ~ ~Seer pz B .~ Name: Larry H Jackson (SE AL) Address: 5112 Sun Valley Dr. ~~1A1A1ru Fort Worth, TX 76119 as t Principal ..._ NOTE: ( 1) (2) (3) Nam . ack M. Crowley Attorney in Fact Address: 15305 North Dallas Parkway !HOD 1son, TX 75001 Telephone Number:9 72 -715-6232 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated. In addition , an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE HANOVER INSURANCE COMPANY MASSACHUSETIS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint STEVEN R. FOSTER, JACKM. CROWLEY, PATRICIA A. SMITH, MARIE PERRYMAN of Dallas, TX and each is a true and lawful Attornevfs)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United 0tates, or, if the following line be filled in, only within the area therein designated any and all bonds , recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents . These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company , in its name and as its acts, to execute and acknowledge for and on its behalf as Su re ty any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as bind ing upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Comp any in their own proper persons ." (Adopted October 7, 1981 -Th e Hanover Insurance Company ; Adopted April 14, 1982-Massachuse tts Bay Insurance Company; Adopted Septembe r 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with the ir respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 12th day of July, 2010. THE COMMONWEAL TH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 12th day of July, 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company , Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations . i/7 , /'7 ..... g.,./ ' ,,r ,, >&:f&.-kA..a: u., ,./JadV-ia&- No!ary Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and C itizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America . "RESOLVED, That any and all Powers of Attorn ey and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Ass istant Vice President of the Company, shall be binding on the Company to the October 7, 1981 -The Hanover Insurance Company ; Adopted Apnl 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7 1 - Citizens Insurance Company of America) .Jf P 2, ~ 20f same extent as if all signatures therein were manually affixed , even though one or more of any such signatures thereon may be facsimile.~" (Adopted GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this a ... ~ ,.. • ~ , 2 . MAINTENANCE BOND 1977432 THE STATE OF TEXAS § COUNTY OFT ARRANT § That Jackson Construction, Ltd. ("Contractor"), as principal, and The Hanover Insurance Comp_a_n_Y_ ..... a corporation organized under the laws of the State of New* , ("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 Two Hundred Ninety-Six Thousand Seven Hundred Fifteen and no/100 ........................................................................................................................................ Dollars ($296 1715.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor: s t i clay entered into a written Contract with the City of Fort Worth, dated the -iS :P 2 8 201 , 2010, a copy of which is hereto attached and made a part hereof, for the performance of the follo ing described public improvements: Ruidosa Bandera Drainage Improvements the same being referred to herein and in said contract as the Work and being designated as project number(s) P227-541200-203280111983 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in w .ale or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, *Hampshire WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE , if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract , these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in~ counterparts, each of which shall be deemed an original , this __ da t"SEP 2 8 ZO ttl:::;' A.D.jfu' ATTEST: Jackson C nstruction Ltd. (S EA L) Contractor ~~~ ~:~ ATTEST: (SEAL) Secretary The Hanover Insurance Company ::rety ()£ .// ~ Name: Jack M. Crowley Title: Attorney in Fact 15305 North Dallas Parkway, #1100 Addison, TX 75001 972-715-6232 Address THE HANOVER INSURANCE COMPANY MASSACHUSETIS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint STEVEN R. FOSTER, JACK M. CROWLEY, PATRICIA A. SMITH, MARIE PERRYMAN of Dallas, TX and each is a true and lawful Attornevts)-in-fact to sign, execute , seal , acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United 0tates, or, if the following line be filled in, only within the area therein designated any and all bonds , recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows : Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents . These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice Pres ident, in conjunction with any Assistant Vice President. be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company , in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company . Any such writings so executed by such Attorneys-in-fact sha ll be as bind ing upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons ." {Adopted Octob er 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2 001 -Citi zens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals , duly attested by a Vice President and an Assistant Vice President, this 12th day of July , 2010. THE COMMONWEAL TH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 12th day of July , 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein , and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations . .. ~7 . ,. O. .... o:..I: "' d' ,, ~@-&zd-a · ·., .?'JaA/~ No!ary Public My commission expires on November 3 , 2011 I, the undersigned Ass istant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full , true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America . "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile ." {Adopted October 7 , 1981 -The Hanover Insurance Company ; Adopted Apnl 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citize ns Insurance Company of America) 1 ~ GIVEN ,ade, my haod aad the sea• of said Compaaies, at Worneste,. Massad'"setts, this uay u, '; ••. ~ 2 " 201 ~ ~O.;, ~[ • THE HANOVER INSURANCE COMPANY '---:-• MASSACHUSETTS BAY INSURANCE COMPAtN - CITI S INSU CE COMPANY OF ERICA ....... CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT ScP 2 2010 1/rflri!I/ This Contract made and entered into this the __ day of .. ~J.. 2010, by and between the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant County, Denton, Parker, and Wise Counties, Texas, by an through its duly authorized Assistant City Manager, ("Owner''), and Jackson Construction, Ltd., ("Contractor"). Owner and Contractor may be referred to herein individually as a "Party" or collectively as the "Parties." WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Ruidosa Bandera Drainage Improvements 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten ( 10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth . 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same read for the ins ection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City o Fort Worth within a period of 130 calendar days. OFFICIAL RECORD CITY SECRETARY FT. WORTH , TX If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury. damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees .. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, upon the execution of this Contract, and before beginning work, to make, execute and deliver to City of Fort Worth the following bonds in the name of · of Fort Worth in a OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX sum equal to the amount of the Contract. All bonds furnish hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the Contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the Contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be for the protection of the Owner. D . A Two-year Maintenance Bond in the Name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee contained in the Contract Documents . 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a, shall be Two Hundred Ninety-Six Thousand Seven Hundred Fifteen and no/100 ........................................................................................................................ Dollars, ($296,715.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering . 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this C ,ntract, and t e on rac r agrees to fully comply with all the provisions of the same. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX IN WITNESS THEREOF , the City of Fort Worth has caused this instrument to be signed in ~ counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in~ counterparts with its corporate seal attached. i'SEP 2 B 2010 Done in Fort Worth, Texas , this the __ ctay of_ APPROVAL RECOMMENDED : William A. V erke t, P .E. Director, Transportation and Public Works Department ATTEST: Jackson Construction, Ltd. 5112 Sun Valley Dr. Fort Worth, TX 76119 CONTRACTOR BY kilf!M( Presid e nt of JCI Partne rs , Inc., General Partner TITLE 5 I \ d._ ~ Va\ \ey u--h)'.:., F+. Wor-t\. ,'T,-. 7 0 \ lq ADDRESS CITY OF FORT WORTH ~ Jt" CITY SECRET ARY (SE AL) Contract Authorizatioa C, ,~ I 10 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ,, Mcleroy, Nikki From: Sent: To: Mcleroy , Nikki Tuesday , October 12 , 2010 8 :26 AM Ramsey , Amy . . Subject: FW: Bond #1977432 for Ru idosa Bandera Drainage Improvements Amy, Page 1 of 2 Be low you will see verification of the second set of co ntract books you originally sent back to me . The contractor and Jack Crowley from t h e bonding company have initia led the dates and POA. I am giving the c ontracts to Bill Verkest today and you should be receiving them shortly . I apologize fo r the in convenience this may have caused and I can as sure you that it won 't happe n a g ain . Thank you , Tara From: Crowley, Jack [mailto:Jack.Crowley@willis.com] Sent: Friday, October 08, 2010 3:53 PM To: larry@jacksonconstruction.net; Mcleroy, Nikki Subject: Re: Bond #1977432 for Ruidosa Bandera Drainage Improvements I als o in it ial ed (JM C) the date change s on the contracts/ bo nd s and powers of attorney From: Larry H. Jackson [mailto:larry@jacksonconstruction.net] Sent: Friday, October 08, 2010 03:39 PM To: Nikki.McLeroy@fortworthgov.org <Nikki.McLeroy@fortworthgov.org> Cc: Crowley, Jack Subject: FW: Bond #1977432 for Ruidosa Bandera Drainage Improvements I, Larry Jacks o n, verified an d initia led the corrections made to the contract books for Ruido sa Ba ndera Drai nage Imp ro ve m en ts Cit y Project #01119 on Thursday, October 7, 2010. From: Jose Contreras [mailto:office@jacksonconstruction.net] Sent: Friday, October 08, 2010 3:30 PM To: Larry Jackson; 'Crowley, Jack' Subject: FW: Bond #1977432 for Ruidosa Bandera Drainage Improvements Jose Contreras Jackson Construction , Ltd. 511 2 Sun Va lle y Drive Fort Worth , Texas 76119 Phone : 817 -57 2-3303 Fax : 817-478-044 3 10/12/2010 Qffice @Jacksonconstruction.net From: Mcleroy, Nikki [mailto:Nikki.McLeroy@fortworthgov.org] Sent: Friday, October 08, 2010 3:17 PM To: office Subject: Bond #1977432 for Ruidosa Bandera Drainage Improvements Larry & Jack: Page 2 of2 Today you initialed some revised dates and our attorney is requesting verification that they were indeed initialed by you and Jack Crowley from your surety company. Could you please verify the authenticity of your initials on the altered dates for bonds 1977432 (Ruidosa Bandera Drainage Improvements) by responding to this e-mail? Thank you, Tara Fishback Please forward me emails from the Surety and Contractor that acknowledging that he or she has agreed to and initialed the changes to the payment bond, performance bond, maintenance bond, POA and Contract as appropriate. It is imperative that the authenticity of the bonds be beyond reproach in the event the City must seek performance as well as to be in compliance with Chapter 2253 of the Texas Government Code. Amy J. Ramsey Assistant City Attorney City of Fort Worth 817-392-7617 amy~ramsg@fortworthgov.org For information pertaining to Willis' email confidentiality and monitoring policy, usage restrictions, or for specific company registration and regulatory status information, please visit http://www.willis.com/email trailer.aspx We are now able to offer our clients an encrypted email capability for secure communication purposes. If you wish to take advantage of this service or learn more about it, please let me know or contact your Client Advocate for full details. -W67897 10/12/2010 November 1960 Revised May 1986 Revised September 1992 ASST. CITY ATTORNEY PERMITS APPLICATION FOR PLEASE TYPE FLOODPLAIN DEVELOPMENT PERMIT Date March 10, 201 O Permit No. Name of Owner or Applicant Telephone No . Office Use Only David W. Mclendon (on behalf of City of Fort Worth) (817)662-1217 Approved Approved Address of Owner Nearest Stream With 115 West ?'h Street Suite 1500 Fort Worth, TX 76102 Plantation Creek (West) Denied•• Conditions• Location of Permit Area (Address or Legal Description) Date In : Date Out: 3550 Bandera Road (Geronimo Trail} Fort Worth, TX 76116 Processed Bv: Approved By : PURPOSE OF REQUEST: Excavation Filling Dredg ing or Mining Utility Constructio n Building Permit Grad ing Paving Dr illing Operations Other BRIEF DESCRIPTION OF PROPOSAL (Attach separate sheet if needed) Construction of headwall outfall (mitered or flush with bank) for a 36 inch RCP storm drain add ition at Geronimo Trail and Plantation Creek (West). The proposed head wall is to be constructed immediately downstream of the footbridge. Will entail the placement of riprap protection for erosion control (to be placed level with natural grade). City of Fort Worth Storm Water Group Project Number: 01119 COMPLETE APPLICABLE QUESTIONS: 1. Total drainage area of watercourse -=50=0'-------acres . 2. Regulatory flood elev . 703.4-ft Not available . 3 . Has s ite prev iously flooded? 09 No 4 . Is site subject to flood ing? (3 No 5 . Is safe access available during times of flood? Yes ~ Unknown 6 . Is the proposal within the designated floodway? G No Unknown 7 . Have all necessary pr ior approval permits been obtained from fede ral , state or local governmental agencies? ~ Yes No (If no , explain; if yes , prov ide copies of approval letters or permits .) ATTACH THE FOLLOWING IF APPLICABLE: 1. T wo (2) sets scale drawings showing locat ion , dimensions , elevations of ex isting and proposed topographic alterations , exist ing and proposed structures , location relative to floodpla in area . 2 . Ex1ent to wh ich watercourse or natural drainage will be altered or relocated . 3 . Supporting hydraulic calculat ions , reports , etc ., used as a basis for proposed improvements . 4. Lowest floor elevation (including basement) of all proposed structures . 5. Elevation to which any non -res ident ial structure shall be flood proofed . 6 . Certificat ion by registered profess ional engineer or architect that flood proofing criteria are met as set forth in Section 7-347, Sub-Section b, Ordinance No . 11998 DURING THE OCCURRENCE OF A 100-YEAR FREQUENCY FLOOD WILL THE Info. Not PROPOSAL: Yes No Available 1. Reduce capacity of channels/floodways/watercourse in floodplain area? X 2. Measurably increase flood flows/heiqhts/damaqe on off-site properties? X 3. Ind ividually or combined with other existing or anticipated development expose adjacent X prooerties to adverse flood effects? 4. Increase velocities/volumes of flood waters sufficiently to create significant erosion of X floodplain soils on subject property or adjacent property upstream/downstream? 5 . Encroach on floodwav causinq increase in flood levels? X 6. Provide comoensatory storaqe for any measurable loss of flood storaqe capacity? X FLOODPLAIN DEVELOPMENT PERMIT The City of Fort Worth's Floodplain Permit Program is authorized by Section 7-318 of City Ordinance No. 11998, adopted June 13 1995. This permit is required for all development taking place within the area of the 100-year floodplain (special flood hazard areas: as shown on the current Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, published by the Federal Emergenc) Management Agency (FEMA). These maps are available for public inspection in the Engineering Department, Municipal Building . 1000 Throckmorton Street. Failure to obtain a Floodplain Development Permit or violating other provisions of City Ordinance No. 11998 or the condition~ described within the permit constitutes a misdemeanor and upon conviction, a person, firm, or corporation could be fined up to one thousand dollars ($1,000) a day for each day that the violation occurs. I understand that the conditions which may be stated for permit approval or the provisions of City Ordinance No. 11998 may be superseded by other provisions of City code or policies. I further understand that this Floodplain Development Permit does not constitute final approval until all development requirement~ placed on the property have been met. These requirements include, but are not limited to, City construction plan approval, platting anc community facilities agreements. This proposal shall be subject to any change in floodplain development policy at the actual time ot development. Application is hereby made for a permit to authorize the activities described herein. I hereby certify that I am familiar with the information contained on this application and to the best of my knowledge such information is true and accurate . I further certify that I possess the authority to undertake the proposed activity. I understand that if my application is denied, I have sixty (60) days from the date of '1'.J de~ial to appea~ the adverse action to the ~ommis~ion. ;:J~~'f/!l,,C/ , ~u(gc~/ ,S' * / *?-~~ Signature of Applicant or Authorized Agent ;::•: ... ~ ,.. .... :...... · ... ~ a DAVID .................. :: ... ~ ~····: ....... ~.MclENOON:: ~ . ............ ,., \ \, 100078 z;;:s ~.A ••• <1ro.-.-.. · w .. ~ r1, '•,~C~'t: •• ~·it) ,:f ~,,;·~ OFFICE USE ONLY FLOODPLAIN AREA DEFINED BY: FEMA COE FLOOD STUDIES HIGH WATER MARKS OTHER FEMA INS. ZONE I FEMA MAP NO. FLOOD ELEV. GROUND ELEV. FLOOD PLAIN STUDY PLATE NO. FLOOD ELEV . CONDITIONS FOR APPROVAL* OR REASONS FOR DENIAL** REPORTS February 18 , 2010 Mr. Wade Brooks , P .E. CP&Y, Inc. 1820 Regal Row, Suite 200 Dallas , Texas 75235 Re : Geotechnical Investigation Ruidosa/Bandera Storm Drain Fort Worth, Texas Project No E10-0108 Dear Mr. Brooks: MAS-TEK Engineering & Associates, Inc. Phn: (214) 638-0500 e-mail: WBROOKS@cpyi.com Please find enclosed our report summarizing the results of the geotechnical investigation performed at the above referenced project site. We trust the recommendations derived from this investigation will provide you with the information necessary to complete your proposed project successfully and in a cost effective manner. For your future geotechnical investigations, construction materials testing and related quality control requirements, it is recommended that the work be performed by Mas-Tek Engineering & Associates in order to maintain continuity of inspection and testing services for the project under the d irection of the geotechnical project engineer. We thank you for the opportunity to provide you with our geotechnical services. If we can be of further assistance, please do not hesitate to contact the undersigned at (972) 709-7384. Sincerely, MAS-TEK ENGINEERING & ASSOCIATES ~~. ,fu l !~ {,fJh~~'fb. Roland, P.E. Project Manager MAS-Te< ENGINEERING& AssocwEs TEXAS REGISTERED ENGINEERING FIRM F-1418 ~~ Mark J. Farrow, P.E . Principal ""' ... """'''' --:\£ OF r ,,, ~ ~ ............. f.t '• , e.>..·· * ··:f411 • ~. .... \ ' ,. ! · .... ~ ~···························'·~-1 'I. MARK J. FARROW "'- l••••:•••••••••••••••••••••••••••~ ',1··. 48059 / .: fl O~··.f!CENS'i:5?,,••'°$..:' ,, ~8s'•, ...... -....~~~ - ,,, IONA\.E" _: "'''' .... - Geotechnical Consulting & Materials Testing 5132 Sharp Street Dallas , Texas 75247 972 709-7384 TABLE OF CONTENTS PAGE 1. 0 I NTROD U CTI ON -----------------------------------------------------------------------------------1 1.1 PROJECT REQUIREMENTS -----------------------------------------------------------1 1.2 PURPOSE AND SCOPE --------------------------------------------------------------1 2. 0 Fl ELD INVEST I GA Tl O N---------------------------------------------------------------------------1 3. 0 LABO RA TORY TESTING ------------------------------------------------------------------------1 4. 0 SITE AND SU BS U RF ACE CONDITIONS -------------------------------------------------------2 4.1 GENERAL SITE CONDITIONS --------------------------------------------------------2 4. 2 SITE G EOL OG Y --------------------------------------------------------------------------2 4. 3 SU BS UR FACE CONDITIONS------------------------------------------------------------2 4. 4 GR OUN DW ATER CONDITIONS -------------------------------------------------------2 5. 0 ANALYSES AND RE COMM EN DAT I ONS -----------------------------------------------------3 5.1 SOIL MOVEMENT--------------------------------------------------------------------------3 5. 2 PI Pl NG MOVEMENTS -----------------------------------------------------------------3 6 . 0 EARTHWORK GU ID EL IN ES ---------------------------------------------------------------------3 6.1 UTILITY TRENCH EXCAVATION AND BACKFILL---------------------------------3 6 .1.1 EXCAVATION CONSIDERAT IONS -------------------------------------------4 6 .1 .2 OPEN CUTS ------------------------------------------------------------------------4 6 .1.3 TRENCH BRACING/BORE PIT SHORING----------------------------------5 6 .1.4 DEWATERING ----------------------------· -----------------------------------5 6 .1.5 PROTECTION OF EXISTING UTILITIES-----------------------------------5 6 .1. 6 PAVEMENT PATCH I NG ---------------------------------------------------------5 6.2 MOISTURE CONDITIONING PRIOR TO COMPACTION------------------------6 6. 3 QUALITY ASSURANCE REQU I REMENTS -------------------------------------------6 7.0 FIELD SUPERVISION AND DENSITY TESTING ---------------------------------------------6 8 .0 LIMITATIOI\JS ----------------------------------------------------------------------------------------7 MAS-TEK ENGINEERING & ASSOCIATES E10-0108 ILLUSTRATIONS FIGURE PLAN OF BORINGS --------------------------------------------------------------------------------------1 a-1 b LOGS OF BORINGS -------------------------------------------------------------------------------2 -4 RECOMMENDED TEMPORARY SLOPE RATIOS (pe r OSHA)------------------------------------5 DES I G N OF TRENCH BRACING -------------------------------------------------------------------------6 MAS-TEK ENGINEERING & ASSOCIATES E10·0108 GEOTECHNICAL INVESTIGATION RUIDOSA/BANDERA STORM DRAIN FORT WORTH, TEXAS 1.0 INTRODUCTION 1.1 PROJECT REQUIREMENTS The project consists of an 18 " to 36" storm drain extend ing along Bandera Road from Ruidosa Trail to Geronimo Trail in Fort Worth, Texas. Invert depths are anticipated to be about 10' to 12 ' deep. 1.2 PURPOSE AND SCOPE The purposes of this geotechnical investigation were to : 1) explore the subsurface conditions at the site, 2) evaluate the pertinent engineering properties of the subsurface materials, 3) provide recommendations for trench shoring and backfilling . 2.0 FIELD INVESTIGATION The field investigation consisted of drilling a total of 2 sample borings along the proposed pipeline alignment. The borings were located at the approximate locations shown on the Plan of Borings (Figure 1a and 1b). Undisturbed samples of cohesive soils were obtained at intermittent intervals with standard, thin-walled, seamless tube samplers. These samples were extruded in the field, logged , sealed, and packaged to protect them from disturbance and maintain their in-situ moisture content during transportation to our laboratory. The rock was evaluated by cone penetration tests. 3.0 LABORATORY TESTING Laboratory tests were performed on representative samples of the soil to aid in classification of the soil materials . These tests included Atterberg limits tests, -200 sieve analyses , moisture content tests, and dry un it weight determinations . Hand penetrometer tests were performed on selected samples of the cohesive soils to provide indications of the swell potential and the foundation bearing properties of the subsurface strata. The results of our testing program are presented on the Logs of Borings . MAS-TEK ENGINEERING & ASSOCIATES E10-0108 PAGE 1 4.0 SITE AND SUBSURFACE CONDITIONS 4.1 GENERAL SITE CONDITIONS The project consists of an 18" to 36" storm drain extending along Bandera Road from Ruidosa Trail to Geronimo Trail in Fort Worth, Texas . Invert depths are anticipated to be about 1 O' to 12' deep. 4.2 SITE GEOLOGY As shown on the Tarrant sheet of the Geologic Atlas of Texas , the site is located in an area underlain by the undivided Kiamichi and Goodland Formations. The Goodland formation contains primarily hard limestone and thin clay layers. The Kiamichi formation contains alternating layers of limestone with thick clay and shale layers and some sandstone . The upper layers of the formation at this site contain highly variable and random units. In some areas, shallow clay soils are underlain by predominant limestone. In other areas, the shallow limestone formation contains thick expansive clay layers and severely weathered shale layers. In other areas, deep expansive clay with sand seams and occasional limestone layers are present. The unweathered rock consists of extremely hard gray limestone. Unweathered rock was encountered at depths ranging from 8' to 1 O' and is overlain by hard to very hard weathered limestone and clay layers as indicated on the boring logs. 4.3 SUBSURFACE CONDITIONS Subsurface condit ions encountered in the borings, including descriptions of the various strata and their depths and thickness, are presented on the Logs of Borings. Note that depth on all boring logs refers to the depth from the existing grade or ground surface present at the time of the investigation . Boundaries between the various soil types are approximate. 4.4 GROUNDWATER CONDITIONS The borings were advanced using air-rotary drilling methods. Advancement of the borings using these methods allows observation of the initial zones of seepage . The borings were dry upon drilling completion. MAS-TEK ENGINEERING & ASSOCIATES E10-0108 PAGE 2 Groundwater seepage should be anticipated with in the overburden soils and within the fractured weathered limestone and shale layers after ra in events . Construct ion dewatering should be anticipated for all below grade excavations . It is not possible to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term observations . The subsurface water co nditions are subject to change with variations in climatic conditions and are funct ions of subsurface soil conditions , rainfall , water levels w ith in nearby creeks and rivers, and leakage of existing below grade utilities in the vic inity of the proposed alignment. Installation of groundwater monitoring wells would allow accurate mon itoring of seasonal groundwater levels. 5.0 ANALYSES AND RECOMMENDATIONS 5.1 SOIL MOVEMENT The subsurface exploration borings revealed the presence of expansive clay soils having a moderate to high shrink/swell potential at the project site . Potential Vertical Rise (PVR) calculations were performed using moisture content , pocket penetrometer, and swell test results to estimate the swell potent ial of the soil in their existing moisture condition . Estimated PVR values for slab-on-grade construction based upon the existing moisture conditions range from 2 to 3 inches of "active-zone " swell. In a dry condition , where the surficial clay soils are in a dry condition at the t ime of construct ion , the "active zone " soil swell PVR would exceed 4+ inches. 5.2 PIPING MOVEMENTS Due to expansive clay soils at this site , underground piping w ill be subject to differential upward soil swell movement. Potential upward movement of piping depends upon the invert depth as measured from the existing ground surface. Piping connections should be designed in consideration of different ial movement that will occur 6.0 EARTHWORK GUIDELINES 6.1 UTILITY TRENCH EXCAVATION AND BACKFILL Trench excavation for utilities should be sloped or braced in the interest of safety . Attention is drawn to OSHA Safety and Health Standards (29 CFR 1926/1910), Subpart P, regarding trench excavations greater than 5 feet in depth. Trench excavations should be backfilled MAS-TEK ENGINEERING & ASSOCIATES E10-0108 PAGE 3 with on-site clay and crushed rock, compacted in 8-inch lifts at +1 to +4% above optimum to 95% ASTM D698. The on-site rock should be crushed to a maximum rock size of 6 inches. 6.1.1 EXCAVATION CONSIDERATIONS It is understood that open cut trench excavations will be performed at this site. It is understood that trench depths will be in the range of 10 to 12 feet deep. Deep excavations for the valve vault structure is also planned. All below grade excavations would be similar to trench excavations with respect to safety concerns (per OSHA) during construction of form work and during backfilling operations. For trench excavations less than five feet in depth, and in stable compact clay soils, trench excavations may be cut near vertical in accordance with OSHA regulations . For excavations to any depth in sand, gravel, soft clay, non-compact fill, submerged soil, or unstable rock (weathered limestone and/or fractured limestone), or where seepage, or sloughing is observed, it will be necessary to employ either sloped excavations or temporary bracing . For excavations to depths in excess of five feet, it will be necessary to employ either sloped excavations or temporary bracing, regardless of the soil conditions encountered . General guidelines for the design of these two alternatives are discussed in the following sections . 6.1.2 OPEN CUTS Recommended slope ratios for the respective soil conditions are presented graphically on Figure 5 Trench excavations encountering submerged soils or fractured rock from which water is seeping should be cut back in accordance with OSHA regulations as indicated on Figure 5. Trench excavations to depths of less than five feet in unstable soil or rock conditions as described above should be cut back in a similar manner. It should be recognized that free standing slopes will be less stable when influenced by groundwater or saturated by rain . Surcharge loads, such as those resulting from excavation spoil, or equipment, should be placed no closer than two feet from the crest of the slope, in accordance with OSHA regulations. Vehicle traffic should be maintained at least five feet from the edge of the crest. MAS-TEK ENGINEERING & ASSOCIATES E10-0108 PAGE4 Excavations may encounter non-compact fill soils placed during previous construction of underground utilities. If encountered, these fill soils should be sheeted , shored , and braced, or laid back on slopes no steeper than 1.5 (H):I (V). 6.1.3 TRENCH BRACING/BORE PIT SHORING Where site limitations require excavations to have vertical side walls, an internal bracing system will be necessary. Bracing may consist of timber or steel shoring or manufactured steel trench braces. The lateral pressure distribution to be used in the design of trench bracing may be determined as presented on Figure 6. Note: It should be recognized that pressures are not included from hydrostatic pressures, surcharge loads, or traffic live loads at trench side walls, dynamic loads , and vibration, which if present , must be included in bracing design . In lieu of a shoring system, a trench shield consisting of a prefabricated rigid steel unit adequate to withstand anticipated lateral pressures may be used. 6.1.4 DEWATERING It should be anticipated that groundwater will be encountered in excavations. Groundwater levels will be encountered at relatively shallow depths particularly after periods of heavy rain. It should be anticipated that groundwater will be encountered at shallow depths near the existing structures due to leakage and ponding water beneath these below grade structures and within below grade backfill of undrained structures. In areas where groundwater is encountered, a system of ditches, sumps, and pumping will be required to provide groundwater control. The design of the actual dewatering system required is the contractor's responsibility. This includes the control of tail-water flow through the backfill sections. 6.1.5 PROTECTION OF EXISTING UTILITIES The contractor should be required to take all necessary precautions to protect all existing utilities during excavation and construction. 6.1.6 PAVEMENT PATCHING To minimize differential settlements of patched areas , the pavement should be removed to limits of 18 inches beyond the actual trench width to allow the edges of the patched pavement to be supported by undisturbed soil. The pavement patch should be doweled into the existing pavement appropriately . The new pavement should be placed over a 6 inch MAS-TEK ENGINEERING & ASSOCIATES E10-0108 PAGE 5 crushed stone base (per TxDOT Item 247, Type A, Grade 1) compacted at optimum to 95% ASTM D1557. 6.2 MOISTURE CONDITIONING PRIOR TO COMPACTION Each layer shall be leveled with approved equipment. After spreading, each layer shall be thoroughly manipulated by plowing, discing , or other approved methods of the full depth of the layer being placed to insure uniform density and moisture distribution for proper compaction. The moisture content at the time of compaction shall be within the range specified in these special provisions . If the material is too dry, it shall be moistened by watering before and during manipulation, to properly condition the material for compaction. If the material is too wet, the compaction operation shall be delayed until the moisture content has been reduced to within satisfactory compaction range. Because of time of completion limitations, thoroughly processing of the on-site clay soils will be required during manipulation if the moisture content is below optimum at the time of placement. Each fill lift should be processed until the soil mixture is free of large clods to allow uniform moisture distribution and uniform compaction within the entire fill lift. This is particularly important if highly plastic clay soils are to be used as fill in the building pads. The amount of processing and reworking required to achieve uniform moisture conditions can be reduced by pre-wetting the onsite soils prior to placement. 6.3 QUALITY ASSURANCE REQUIREMENTS As a quality control measure, pocket penetrometer (P.P.) Tests shall be performed with each field density test during construction as further verification that proper moisture conditioning is being achieved within the entire fill lift of moisture-conditioned clay . Similarly, P.P. tests should be performed on each Proctor Compaction Point in the laboratory for correlation and verification of the desired P.P . range with respect to Proctor moisture, density and soil swell . 7.0 FIELD SUPERVISION AND DENSITY TESTING Field density and moisture content determinations should be made on each lift of fill with a minimum of 1 test per lift per 150 linear feet of utility trench backfill. Supervision by the field technician and the project engineer is required. Some adjustments in the test frequencies MAS-TEK ENGINEERING & ASSOCIATES E10-0108 PAGE 6 may be required based upon the general fill types and soil conditions at the time of fill placement. Many problems can be avoided or solved in the field if proper inspection and testing services are provided. It is recommended that all drilled pier operations, water pressure injection , site and subgrade preparation, proofrolling , subgrade stabilization, and pavement construction be monitored by a qualified engineering technician. Density tests should be performed to verify compaction and moisture content of any earthwork . Inspection should be performed prior to and during concrete placement operations . Mas-Tek Engineering & Associates, Inc. employs a group of experienced, well-trained technicians for i nspection and construction materials testing who would be pleased to assist you on this project. 8.0 LIMITATIONS The professional services, which have been performed , the findings obtained, and the recommendations prepared were accomplished in accordance with currently accepted geotechnical engineering principles and practices . The possibility always exists that the subsurface conditions at the site may vary somewhat from those encountered in the boreholes. The number and spacing of test borings were chosen in such a manner as to decrease the possibility of undiscovered abnormalities , while considering the nature of loading , size, and cost of the project. If there are any unusual conditions differing significantly from those described herein, Mas-Tek Engineering & Associates should be notified to review the effects on the performance of the recommended foundation system . The recommendations given in this report were prepared exclusively for the use of the Client and their consultants. The information supplied herein is applicable only for the design of the prev iously described development to be constructed at locations ind icated at this site and should not be used for any other structures, locations, or for any other purpose. We will retain the samples acquired for this project for a period of 30 days subsequent to the submittal date printed on the report. 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J~ -~·-=-----ltJl,Uf!.')l":Mir.<INMl ,,.uu -i~ --i~-r: -i--'!' ,: !?.-uii -----___ •:,._ _.!'!'1._ 1•n°' , r.~111"' > -==-· ----=-=-::::iil§.l§} ~: ~ t,'1--------;;:..-..;,;----\ ~"'"' ·r.m ijo, ,, ••• ''" M ,);;: :·.~-~-1~-f;;I L--J i;.~'"':tlnt ~':,'.v~;"',::f. .,. -CHY or f OIH 'hOIHII, r:< RUIDOSt, BANDERA DHAlNAGE IMPROVEMENTS --IWlf.!HtA Ri.'IJ.f'l Slom,1 srwo~ t.AYOUI •;ik 11h00.00 10 ~~11, t<-, no.t-0 OPTIOI\I ONI --1-·-· ·----_ CF\Y~~ II)• ),•. U, th ;-;,v l't''t. ""'•'', ,.,.,. 01':>l !'}<,., :).'-.: '.'.-~·,~~~It. MIMUi\idMilll , m,.;1b~;::tg~?,-~o1. Y (Rb') ••,•~w.-~J,'i'/..A..r-wl __ ,!:?:·'..,;J!"'--ft: .11/\'L~< -· LOG OF BORING 8-1 Project: Bandera Storm Drain -Ft. Worth, Texas Project No.: E10-0108 Date: 02/10/2010 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: end of day was: Dry Depth to caving when checked: was: ELEVATION/ DEPTH (feel ) I 0 5 -10 t I ~ 15 ! I ' I • 35 i SOIL SYMBOLS SAMPLER SYMBOLS & FIELD TEST DATA DESCRIPTION 3" ASPHAL i: over 7" lime treated clay Tan & light gray CLAY w/ tan limestone fragments Tan severely weathered LIMESTONE w/ c lay seams , severely fractured -··---·------Tan & light gray calcareous CLAY w/ calcareous deposits, j ointed Extreme ly hard gray LIMESTONE Boring terminated at 15 ' Notes: Completion Depth: 15' MTE , INC . MC LL Pl Pl -200 OD %%',l/o % pd 22 11 38 15 23 P PEN UN CON Isl 28 3 fl ksf Stra"1 % 11 62 3 6 13 34 14 20 87 29 -13 4 S+·t 14 45 17 28 95 4 5·P 15 45+.. FIGURE:2 LOG OF BORING 8-2 Project: Bandera Storm Drain -Ft. Worth, Texas Date : 02/10/2010 Elev.: Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: end of day Depth to caving when checked: ELEVAT ION/ I DEPTH (feel) SOI L SYMBOLS SAMPLER SYMBOLS & FI EL D TES T DATA was: Dry was: DESCRIPTION Project No.: E10-0108 MC LL PL Pl -200 DD P PEN UNCON Strain % % % % pc f ts f ks f % -•--------·-------··-------------------·-f----- 1" ASPHALT over 7" tan C..LAY w/ limestone fragments 10 32 16 16 . -~careous nodules ___ ___ _ _ _ -c-_ _ _ __ ·-_,_ ~ __ Moderately hard to hard tan weathered LIMESTON~ w/ ---....c@Yy eams , fractured __ _ __ f-· ---------------- Very hard ta n & gray weathered LIMESTONE , fractured .... 5 Extremely hard gray LIMESTONE I ~ 10 15 ------_,__ -· Boring terminated at 15 ' 20 25 30 35 Notes : Completion Depth: 15' FIGURE:3 MTE , INC . KEY TO LOG TERMS & SYMBOLS Symbol IJ I Description Asphaltic Paving CLAY LIMESTONE, severely weathered Calcareous Clay Limestone LIMESTONE, weathered Auger Thin Wall Shelby Tube THD Cone Penetration Test 1. Exploratory borings were drilled on dates indicated using truck mounted drilling equipment. 2. Water level observations are noted on boring logs. 3. Results of tests conducted on samples recovered are reported on the boring logs. Abbreviations used are: DD= natural dry density (pcf) MC= natural moisture content (%) Uncon.= unconfined compression (tsf) P.Pen.= hand penetrometer (tsf) LL PL PI -200 = = = = liquid limit (%) plastic limit (%) plasticity index percent passing #200 4. Rock Cores REC (Recovery) sum of core sample recovered divided by length of run, expressed as percentage. RQD (Rock Quality Designation) sum of core sample recovery 4" or greater in length divided by the run, expressed as percentage. MTE , INC . FIGURE:4 RECOMMENDED TEMPORARY SLOPE RATIOS Short Term LongTo~ (under 8 hours) (over 8 hours) Cut SOIL/ROCK H V H Gravelly sand, sand , soft clay (hand penetrometer of 0.8 tsf or 1-% 1 2 1 less) Submerged soils, and/or fractured rock (shale or limestone) 1-Y2 1 2 1 from which water is seeping * Stiff to hard clay, shaley clay, weathered shale, and/or 1 1 1 1 weathered limestone above existing groundwater level Gray limestone 1 1 1 1 2max * In accordance with the best interpretation of OSHA regulations, submerged soil is defined as water bearing granular soils, fissured clay soils, fractured weathered rock (shale or limestone) or soil from which groundwater is seeping. ** Maximum bedding cut for trench excavations less than 12 feet deep in dry gray limestone which are open less than 8 hours. NOTE: Recommended slope ratios may be subject to reduced stability under the influence of groundwater or saturation by rain. M.U-TUtEngifteerh .. & Auocl:ates. Inc. RUIDOSA/BANDERA STORM DRAIN FORT WORTH, TEXAS February 18, 2010 RECOMMENDED SLOPE RATIOS PROJECT NO: E10·0108 0 0 0 2** FIGURE 5 LATERAL EARTH PRESSURES FOR INTERNALLY BRACED EXCAVATIONS (For excavations terminating in stiff to hard clay and limestone) Exco voti on Bottom -,, WHERE: \ Ground Surface -, '"-', ,)..'I'-\' 1 ·"-1r\'/ "IP\ 7 \1""'7>;."P I H H/<l ""'------1 -- I ~- ~----, / / / ;1 = k J ,1 Ii /;? _I I H/ ·'. _ J_ sh= Lateral Earth Pressure, psf. g = Saturated Unit Weight of Soil; Use 130 pct for Clay and 140 pct for Limestone H = Height of Excavation (ft.) k = Earth Pressure Coefficient , Use 0.30 NOTES: 1) If water is not allowed to drain from behind shoring or bracing, full hydrostatic pressure must be considered . 2) Surcharge loads and traffic live loads, if present, must also be considered . RUIDOSA/BANDERA STORM DRAIN LATERAL EARTH FIGURE MAs-T11< E.ngtneert.ns & Aasocbtes. Inc. FORT WORTH , TEXAS PRESSURES February 18, 2010 PROJECT NO : El0-0106 6