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HomeMy WebLinkAboutContract 32361 r C1tY SECRETARY V D-O.E. FILE ' ry%,"rp (QR'$ I'CND SPECIFICATIONS ING CO CITY SECRETARY'S t r "STRUCTION'S COPY AND CONTRACT NO. CONT RACT DOCUMENTS FOR ULTRATHIN BONDED HOT MIX WEARING COURSE "NOVACHIP" (2005-26) FOR HULEN STREET FROM 1-30 TO BRIDGEVIEW DR. IN THE CITY OF FORT WORTH, TEXAS r DOE PROJECT NO. 4845 TPW PROJECT NO. GS93-020930522810 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER pm ROBERT D. GOODE, P.E., DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ENGINEERING COORDINATION Of fek Q � �.s EXHIBIT "A" • »Md........................... QUSL SCHVnW6E �......« . ............. . 69469 s'Sf IVAL�� ORIGINAL 2- 2-s -z°° s %AM1-MWI,CFWN*tI6Q VV VV Print M&C COUNCIL ACTION: Approved on 9/6/2005 DATE: 9/6/2005 REFERENCE NO.: **C-20957 LOG NAME: 20NOVACHIP05-26 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with APAC-Texas, Inc., for Ultra Thin Bonded Hot Mix Wearing Course "NOVACHIP" 2005-26 for Hulen Street from 1-30 to Bridgeview Drive RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with APAC-Texas, Inc., in the amount of$422,856.00 for 25 working days for Ultra Thin Bonded Hot Mix Wearing Course "NOVACHIP" 2005-26 for Hulen Street from 1-30 to Bridgeview Drive. DISCUSSION: In the FY2004-2005 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. Ultra Thin Bonded Hot Mix Wearing Course "NOVACHIP" 2005-26 for Hulen Street from 1-30 to Bridgeview Drive provides surface rehabilitation for asphalt streets funded from the Contract Street Maintenance Fund. The attached list details the limits for each of the streets included in this project. The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25% of the contract award. This project was advertised for bid on June 16 and 23, 2005. On July 21, 2005, the following bids were received: BIDDERS AMOUNT APAC-Texas, Inc. $422,856.00 Austin Bridge & Road, LP $452,366.00 APAC-Texas, Inc., is in compliance with the City's M/WBE Ordinance by committing to 3% M/WBE participation and documenting good faith effort. APAC-Texas, Inc. identified 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 11%. This project is located in COUNCIL DISTRICTS 3, 7 and 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GS93 541200 020930532610 $422,856.00 Submitted for City Manager's Office by: Marc Ott(8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) ATTACHMENTS NOVACHIP05-26.rtf SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ULTRATHIN BONDED HOT MIX WEARING COURSE "NOVACHIP" (2005-26) FOR HULEN STREET FROM 1.30 TO BRIDGEVIEW DR. IN THE CITY OF FORT WORTH, TEXAS DOE PROJECT NO. 4845 TPW PROJECT NO. GS93-020930522810 2005 A. DOUGLAS RADEMAKER, P.E. DATE DIRECTOR, DEPARTMENT OF ENGINEERING Z/ GEORGE A. BEH ANESH, P.E. DATE ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT 00 KIM, P.E. DATE CAPITAL PROJECT ENGINEER is im TABLE OF CONTENTS 1. Notice to Bidders �- 2. Special Instructions to Bidders 3. Prevailing Wage Rates p` 4. Proposal 5. Vendor Compliance " 6. Disadvantaged Business Enterprise 7. Special Provisions 8. Contractor Compliance with Worker's Compensation Law 9. Certificate of Insurance 10. Performance Bond ^, 11. Payment Bond 12. Maintenance Bond 13. Contract 14. Project Designation Sign 15. Location w NOTICE TO BIDDERS Sealed proposals for the following project: !� ULTRATHIN BONDED HOT MIX WEARING COURSE "NOVACHIP" (2005-26) FOR HULEN STREET FROM 1-30 TO BRIDGEVIEW DR. DOE PROJECT NO. 4845 TPW PROJECT NO. GS93-020930522810 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., July 21, 2005 and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. A pre-bid conference will be held at 9:30 A.M. June 29, 2005 in the Transportation and Public Works Conference Room, 2nd Floor, Municipal Building. One set of documents will be provided to prospective bidders for a deposit of twenty dollars ($20.00), such deposit is non-refundable. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) per set. .� For additional information, contact Ms. Susan L. Schwinger, P.E. at (817) 392-6529. Charles R. Boswell Robert D. Goode, P.E., Director City Manager Transportation and Public Works Department � � J PUBLICATION: By: June 16, 2005 Najib FarW, P.E. June 23, 2005 Street Program Manager, TPW Y �, �� SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the ` Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) z 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non- responsive. SPECIAL INSTRUCTIONS TO BIDDERS - 1 - 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City $ SPECIAL INSTRUCTIONS TO BIDDERS -2- 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth,Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto", defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. + ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. 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 SPECIAL INSTRUCTIONS TO BIDDERS -3- 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) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. z. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS -4- "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITYIWOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the �. Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort _n Form, as applicable, must be submitted no later than 5:00 p. in. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. Q • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the Ntr BE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the MIWBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud SPECIAL INSTRUCTIONS TO BIDDERS -6- will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less 5% retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i) final quantities, or(ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31, with 6:00 a.m. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 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 SPECIAL INSTRUCTIONS TO BIDDERS -7- Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated AIR POLLUTION WATCH DAY, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and -� accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: SPECIAL INSTRUCTIONS TO BIDDERS -8- (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or - personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees x providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning Work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. SPECIAL INSTRUCTIONS TO BIDDERS -9- (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' 'y compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing,hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer {.� has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in SPECIAL INSTRUCTIONS TO BIDDERS - 10- _ connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational -, qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees ti acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it �a will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS - II - CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter (Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper (Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 $10.00 CY) Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 $11.52 CY) Front End Loader (2 1/2 CY & less) $9.94 Front End Loader (over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator (Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle (Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 PROPOSAL TO: MR. CHARLES R. BOSWELL Fort Worth, Texas City Manager Fort Worth, Texas FOR: ULTRATHIN BONDED HOT MIX WEARING COURSE "NOVACHIP" (2005-26) FOR HULEN STREET FROM 1-30 TO BRIDGEVIEW DR. DOE PROJECT NO. 4845 TPW PROJECT NO. GS93-020930522810 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2 EA. Project Designation Sign @ Two-Hundred Dollars & No Cents Per EA. $ 200.00 S 400.00 S.P. 2 2,678 TON 3/4" Ultra Thin Bonded Hot Mix Wearing Course "Type C' rSY@ 0-fe -Dollars & t!- �- ,Y� Cents Per TON S.P. 3 13,860 GAL. Polymer Modified Emulsion Membrane @ -;-� Dollars & Cents Per GAL. P-1 300 4 45 C.Y. H.M.A.C. Base Repair @ 312 fo... 14 5.X1,pollars & v S.P. /VCents Per C.Y. 300 5 20 Ton H.M.A.C. Level-Up @ 312 T/ff,co 114�J Dollars & �y S.P. « Cents Per Ton $ a`'� $ C, Cow >� 300 6 1,000 L.F. Crack Sealing @ S.P. Dollars & -�� Cents Per L.F. s S.P. 7 100 S.F. Concrete Bridge Deck Repair Class I (B) Shallow Depth (3600 psi @ 24 hr) Dollars & i✓� Cents Per S.F. $ S.P. 8 1500 S.F. Concrete Bridge Deck Repair Class II (B) Mid Depth (3600 psi @ 24hr) @ Dollars & f' Cents Per S.F. $ 33 $ Z5, ; ' S.P. 9 100 S.F. Concrete Bridge Deck Repair Class III (B) Full Depth (3600 psi @ 2A hr) @ ©�� A 'Art ollars & a t Cents Per S.F. $ TOTAL BID $ 17zz P-2 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within Twenty —Five-(2,r2) Working Days from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for r. Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will delivery an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. I (we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation'of the foregoing bid: Addendum No. 1 (Initials) Respectfully submitted, ohm Addendum No. 2 (Initials) APAC - TEMS, INC. Addendum No. 3 (Initials) ComAe By: SignMAXTER Prin ed Name of Principal P0: x.. 1 Address: _ MM 1 , X 70 Oil (Seal) ., 817 336-0521 Date: Telephone: 17 Y r P-3 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non- resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. NX Bidder: APAC - TEXAS, INC. MICHAEL Company By: (Please i P.O. BOX 1807 � FORT WORTH, TX 76101 Address Sign re RANCH MANAGES _ City State Zip Title (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION L FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY if he total dollar value of the contract is.$25,000 or more,the M/WBE goal is;applicable . 1f the total dollar value-of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MNVBE PROJECT GOALS The City's MBEMBE goal on this project is %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated MIWBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; L4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 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/WBEparticipation: 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/su pplier work: opening date, exclusive of the bid opening date. - 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date,exclusive of the bid opening date. FAILURE TO COMP..LY_WITH'.fHE.CITY'S M/WBE ORDINANCE,WILL RESULT IN„THE BID BEING CONSIDERED 'NON,RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MIWBE Office at(817) 392-6104. Rev.5/30/03 t� t . ATTACHMENT 1A l Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime 'SWC-- PROJECT NAME: M/W/DBE NON-M/W/DBE UZ 7,e 7W1-*V BoNDE'Q 64o7 WEi9R//0'6 Co✓IesE BID DATE . /Ve V.9cffi/> " -C Zea 5-zS) -712 V zoos City's M/WBE Project Goal: Prime's MIWBE Project Utilization: PROJECT NUMBER % 3 % G5g3-o2of3osZ2�J�o Identify all subcontractors/suppliers you will use on thisJro'ect p is Failure to complete this form, in its entirety with requested documentation,.and,received by,the Managing Department on:or:before 5:00 p.m.fli (5) City:buslness days after bid opening, exclusive.ofbid.opening date, will result in the.bid, being considered non-responsive to bid.specifications W.L The -undersigned Offeror.,agrees to enter 'into, a formal agreement with thea.M/WBE firms) listed in this utilization schedule,:.conditioned upon execution of a,contract with the Clty of:.F.ort Worth. The. intentional and/or knowing misrepresentation of facts 1s grounds.for consideration`of d!sq uallfication.and will.result in the bid being considered non-responsive to bid specifications MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, ,. Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each .Tier level. Tier is the=level of subcontracting below the prime contractor, i.e., a direct &w payment from.the,prime..contractor to a.subcontractor.is considered 15htier, a.payment by.a.subcontractor to its supplier is considered 2"tl tier ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services 'are utilized,, 'theprime:will:'be. given credit;as.long as. the. M,/WBE .listed owns and operates at least one fully licensed and operational-truck to.be used on.the,Contract. The M/WBE..may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. r ATTACHMENT 1A FOR�OrTH Page 2 of 4 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 N. (check one) ° SUBCONTRACTORISUPPLIER T :n Company Name ; N T Detail Detail Address e M w C X vi; Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D W E E R O B C T E A Z 6 z ss k/.y Aze Gia/l.�, TX 7S z z5L ! C'.'4 C Z i� 9-//— X33Z /QYM7 ( 36/7 ..f/ ..�,-7� ,�.. T y/'v..f-4" Z-4 c �Yo i W.T-.5 T J /1.3 r 0,-,7,, 7X 711,3 7 CSS + ) 3Y3' oo47 AM ld ,�o�Cve,..�4/ TX < <— �Gm ��, .•G � V i°a'.- �4� ?oma c99z) 6s7- 1/S1 • '� SS7- /SSZ ` Rev.5/30/03 I ATTACHMENT IA FOR_ _ TWORTH Page 3 of 4 Primes are required to identi s r fy ALL_ ubcont actors/suppliers,regardless of status; i.e., Minority,Women and non-MNVBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification ! (check one { SUBCONTRACTOR/SUPPLIER T r Company Name i N T Detail Detail Address e M W T D V Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B R 0 E E E C T i A Z Z 7 7 G Osl- zy3- a'Szo 6S4ro4-5- USZ/ y Tx.Z' /3,/ KI 1PAeL-,4,tt�4 �1r-tel li�Z- G�� - 3s3� ,�1 �.✓��, S72 -G77- —` t Rev.5t30/03 ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ ��- /Z, X30 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ f j 3 ., TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ �G Jc 5 3 p The Contractor will not make additions, deletions, or substitutions.to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of ChangelAddition. 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 ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or �+ Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authori d Signature Printed Signature /Y er %- f 1 G Title Contact Name/Title(if different) C01/7) .3 Zl . e'el7� 77 Company Name Telephone and/or Fax a-7 Address E-mail Address 7 Zyo 1 t City/State/Zip Date Rev. 5/30/03 LATTACHMENT 1B t a. FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe rime MNV/DBE NON-MNV/DBE PROJECT NAME: vG ?,9W7Wi•v /�oXD�ri.� ,�{vTp!i� cd�i�/Zi�1� co�2E BID DATE /VdV4 cff/.0 2oo•S tj 7 Z / Z4a'C7 CiteMf s MBE Project Goal: PROJECT NUMBER // % G55'3— dzo93dSZ2 �/o If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). -All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if bp1h answers are yes. 2 v:e .c ��,.,.- .•,.;,t�, . r.. t �y .: t-,.. cs a. Ms , . _e —;:i • } iA aR"�uwa_5=.:.�<-.�\+,:�u"'t. •:�b v,:�W . Failure o hate.,this form m Its entirety and beYecetved by the tllanagma Department on or.before 5 00 p m five f5) City business days after btd opening ezclusi'.V6 f the b>Id OAetaing dater will result mthe bid beng considered non.=responswe_to;:btd,; pecifications 1 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 project, NO this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not ss than one 1 year. Authorized Signature Printed Signature Title Contact Name(if different) Company Name /J Phone Number Fax Number A Address Email Address City/State/Zip Date w Rev.5/30/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe rime �i�/9�' �r�dS .Tris, MNV/DBE NON-M/W/DBE PROJECT NAME: 611-7Z4TW//Y a0/1l,0 62 /+4:-J T 0V'/'X BID DATE /L(/1- City's ZCity's M/WBE Project Goal: PROJECT NUMBER % GSri3- o2as3as2arl/ If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your t DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five(5) City business days after bid opening, exclusive of bid opening date,will result in the bid being.considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-MlWBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev.05/30/03 ATTACHMENT 1C i 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 '7 1 G I z4'�'�_ No 3.) Did you solicit bids from M1WBE 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? Yes (If yes,attach MIWBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) 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 telephone, exclusive of the day the bids are opened? ' Yes (If yes,attach list to include name of M/WBE firm, ep rson contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either,3 or-4,,but,may not be used for both. If a facsimile is used, attach. the fax confirmation, which is to ,provide, M/WBE name, :-date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and'4. If the.List of MMBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder_must..co.ntact at.least two- thirds (2/3) of the list within such area of opportunity, but not less than ten .to be in,co.mpliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential MIWBEs or information regarding the location of plans and specifications in order to assist the Mf BEs? Yes No 6.) Submit documentation if MIWBE 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 bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Please use additional sheets,if necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev.05/30/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information 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 agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's BE Offic Aut oriz/ed Sign atu Printed Signature pr- Title Contact Name and Title (if different) Company Name Phone Number Fax Number o• /30,0 /Jle�'7 Address Email Address City/State/Zip Date Rev.05/30/03 CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS ULTRATHIN BONDED HOT MIX WEARING COURSE "NOVACHIP" (2005-26) FOR HULEN STREET FROM 1.30 TO BRIDGEVIEW DR. DOE PROJECT NO. 4845 TPW PROJECT NO. GS93-020930522810 1. SCOPE OF WORK: The work covered by these details and specifications consists of applying a "POLYMER MODIFIED EMULSION MEMBRANE" to the existing pavement and immediately placing an ULTRATHIN BONDED HOT MIX WEARING COURSE over the membrane. The membrane and wearing course shall be installed as described in the Technical Specifications of these Special Provisions. included, in addition to the membrane and wearing course process, will be the removal (only) of all traffic buttons and pavement .. markings, removal and replacement of base repair, placement of level up, sealing of existing large cracks and concrete bridge deck repair. The work shall include all other rniscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. The contractor is encouraged to conduct a site visit and survey all possibilities. The contractor shall verify the location with the Construction Engineer. For street location, see list at the back of this document. At the sole discretion of the City, the City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Engineer for any locations. If the contractor fails to bte& the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed per Block per day. 2. Contract will be awarded to the lowest responsible and responsive bidder. SP-1 3. SUBMITTALS FOR CONTRACT AWARD: The City reserves the right to require contractor who is the apparent low bidder(s) for a project to submit such information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the information if requested may be grounds for rejecting the apparent low bidder as non- responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 1 4. The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Construction of the City of Fort Worth, Texas. 5. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or 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: A. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, 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. B. The Project Manager and the Directors of the Department of Engineering, and Department of Transportation and Public Works will be made aware of the SP-2 situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. lop C. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. D. Upon receipt of the contractor's response, the appropriate City departments and -� directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. E. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 6. The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. 7. This contract and project are governed by the two following published specifications, sxeep as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION-CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. A copy of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 8. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 9. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. See Special Instruction to Bidders Item No. 14 for further requirements. �, SP-3 10. TRAFFIC CONTROL: The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer @ 817-392-8712 at least 10 working days prior to the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or pother sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-7738), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic upon approval of the City Traffic Engineer. Work shall not be performed on certain locations/streets during "peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." See Special Instructions to Bidders Item No. 15, for further work time restrictions on "Air Pollution Watch Days"with substantial use of motorized equipment. r SP-4 11. PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION AND NOTIFICATION OF TEMPORARY WATER SERVICE INTERRUPTION DURING 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 door hang of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or door hang shall be posted three (3) days prior to beginning any construction activity on each block in the project area. The door hang shall be prepared and include the following information: Name of Project, DOE & TPW Nos., 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. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the door hang shall be delivered to the City Inspector for his reviewrp for to being distributed. The contractor will not be allowed to begin construction on any block until the door hang is delivered to all residents of the block. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, the contractor shall prepare and deliver a notice or door hang of the pending interruption to the front door of each affected resident. The notice shall be prepared as follows: The notification or door hang shall be posted twenty-four (.24prior to the temporary interruption. The door hang shall be prepared and include the following information: Name of the project, DOE & TPW Nos., the date of the interruption of service, the period the interruption will take place, the name of the contractor's foreman and his phone number and the name of the City's inspector and his phone number and the City's after- hours phone number. A copy of the tem on racy interruption notification shall be delivered to the inspector for his reviewr� for to being distributed. The contractor shall not be permitted to proceed with interruption of water service until the door hang has been delivered to all affected residents and businesses- The ,sin _ss .s.The Electronic version of the sample door hang can be obtained from the Construction office at (817) 871-8306. All work involved with the notification door hang shall be considered subsidia to the contract price and nQ additional compensation shall be made. SP-5 12. PAYMENT: The Contractor will receive bi-weekly payment (minus 5% retainage) from the 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. See Special Instruction to Bidders Item No. 14 for further requirements. 13. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be �. presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will 4. entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 1". 15. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) and a flood plain permit issued. All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses SP-6 associated with obtaining the fill permit, including any necessary engineering studies, shall be at contractors expense. In the event that the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 16. During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 17. Final cleanup work shall be done for this project as soon as the work has been completed. No more than five days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 18. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 19. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 20. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: . �• (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX, FEET OF HIGH VOLTAGE I-INES." (2) 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. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Co.) 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 SP-7 TU Electric Service Company, and shall record action taken in each case. (4) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). 21. RIGHT TO AUDIT: Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this contract. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and shall be provided adequate and appropri- ate work space, in order to conduct audits in compliance with the provisions of this.article together with Article VI. City shall give the subcontractor reasonable advance notice of intended audits. OM Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. .. CONSTRUCTION NON-PAY ITEM NO. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item No. 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. NON-PAY ITEM NO. 2 - REMOVAL OF TRAFFIC BUTTONS AND PAVEMENT MARKINGS AND INSTALLATION OFTEMPORARY LANE TAP All traffic buttons shall be removed from the existing asphalt surface before paving begins. — SP-8 The contractor shall be responsible for the removal of all buttons and pavement markings on the street listed in the back of this document. Upon completion of the job the City will install new buttons after proper notification. The contractor shall also be responsible for all materials, equipment and labor to place temporary adhesive lane marking tape, at locations as directed by the Construction Engineer, to direct traffic flow until permanent markers are installed. The contractor shall notify the Construction Engineer to arrange for the replacement of the buttons and adhesive lane markers (arrows, etc.). All costs to the contractor shall be figured as subsidiary to this contract. NON-PAY ITEM NO. 3—CRACK SEALING: All cracks that develop after completion of the street resurfacing and until the end of the 2-year warranty period shall be crack sealed with CRS-ZN)as per the latest edition of the "TxDOT Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Item 300, "Asphalts, Oils, and Emulsions". The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. rPAY ITEM NO. 1 - PROJECT DESIGNATION SIGN: rThe Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting, and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. r The sign shall be constructed of 3/4"fir plywood, grade A-C (exterior)or better. These signs shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of construction. SP-9 The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be to the satisfaction of the Engineer. The unit price pre bid per each will be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 2— ULTRA THIN BONDED HOT MIX WEARING COURSE: This item shall consist of (3/4") three-quarter-inch Type "C" layer of"Ultra Thin Bonded Hot Mix Wearing Course"as described in the enclosed Technical Specifications. The unit price bid per ton of "Ultra Thin Bonded Hot Mix Wearing Course" complete and in place, shall be full compensation for hot asphalt concrete, aggregate, additives, all labor, cleaning, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 3— POLYMER MODIFIED EMULSION MEMBRANE: This item shall consist of the application of a warm "Polymer Modified Emulsion Membrane" as described in the enclosed Technical Specifications. The unit price bid per gallon of "Polymer Modified Emulsion Membrane" complete and in place, shall be full compensation for the membrane, all labor, cleaning, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 4 - REMOVAL AND REPLACEMENT OF H_M.A.C. PAVEMENT AND ASE: The contractor is to remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The Construction Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose material excavated. As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub-base. The total depth of excavation could range from a couple of inches to include the surface-base-some sub-base removal for which the Construction Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with Type "D" surface mix. This item will always be used even SP-10 if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of as per the latest edition of the "TxDO-f Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Item 300, "Asphalts, Oils, and Emulsions", Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304"Prime Coat", and 312 "Hot-Mix Asphaltic Concrete" shall govern work. The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO. 5 - H.M.A.C. LEVEL LIP: This item shall be used to fill ruts, depression with Type "D" surface mix prior to placing the membrane and wearing course layer where needed as directed by the Engineer in the field. All applicable provisions of as per the latest edition of the "TxDOT Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Item 300, "Asphalts, Oils, and Emulsions", Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304"Prime Coat", and 312"Hot-Mix Asphaltic Concrete" shall govern work. The unit price bid per ton shall be full compensation for all materials, labor, placing, equipment, cleaning and incidentals necessary to complete the work. PAY ITEM NO. 6—CRACK SEALING: Contractor shall seal existing large cracks, 1/4-inch or greater, by using hot poured rubber type joint sealer as directed by the Engineer, as per the latest edition of the "TxDOT Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Item 300, "Asphalts, Oils, and Emulsions", Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions" and Standard Specification Item No. 314.2(11) "Joint Sealing Material'. The unit price bid per linear foot shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the work. SP-11 PAY ITEM NOI 8 & 9—CONCRETE BRIDGE DECK REPAIR This item shall consist of "Concrete Bridge Deck Repair" as described in the enclosed Technical Specifications. The unit price bid per square foot of "Concrete Bridge Deck Repair" shall be full compensation for furnishing and placing all materials, removing and disposing of all loose or deteriorated concrete, saw-cutting, cleaning and/or replacing of reinforcing steel, and for all labor, equipment, tools and incidentals necessary to complete the work. SP-12 TECHNICAL SPECIFICATIONS LILTRATHIN BONDED HOT MIX WEARING COURSE PAY ITEM NO. 2: Ultrathin Bonded Hot Mix Wearing Course DPcrription: This specification covers the requirements for the placement of an Ultrathin Bonded Hot Mix Wearing Course - Novachip" and shall consist of application of a warm Polymer Modified Emulsion Membrane followed immediately with an ultrathin overlay of hot asphalt concrete. The Polymer Modified Emulsion Membrane shall be spray applied prior to the application of the hot asphalt concrete overlay so as to produce a homogeneous wearing surface that can be opened to traffic immediately upon sufficient cooling. The finished wearing course shall have a minimum thickness of 3/-inch Type „C„ Materials,- A_ Coarse AggrPgata The coarse aggregates selected should be those typically used for high performance surfaces. Coarse aggregate should meet the skid resistance criteria as set forth by the specifying agency or have a history of successful use in surface mixes. Coarse aggregates, material retained above the #4 sieve, shall be from approved sources and shall meet the requirements listed in Table 1. Coarse aggregates, such as crushed gravel, limestone, dolomite, sandstone, granite,.chert, traprock, ore tailings, slag, or other similar materials, or blends of two or more of the above may be acceptable. When coarse aggregates for these mixes are from more than one source or of more than one type of material, each individual source and/or type shall meet the requirements in Table 1. All materials shall be proportioned and blended to provide a uniform mixture as approved by the Engineer. SP-13 Table 1 - Coarse Aggregate— Properties* TESTS Method Limit Los Angeles abrasion value', % loss Tex 410-A 35 max Soundness'L, % Magnesium Sulfate Tex 411-A 18 max loss Flat & Elongated Ratio, % @ 5 : 1 Tex 280-F 10 max Course Aggregate Angularity, 2 Tex 460-A, 95 min crushed faces, min Part I Micro-Deval, % loss Tex 461-A 18 max All testing must be performed by an AASHTO accredited laboratory or be an agency certified laboratory. 'Note: Values shown for these tests are targets for aggregate selection purposes. The results of these tests should not be the sole basis for rejection. B. Fine Aggreg;itp The fine aggregates will be part of the asphalt mastic. The fine aggregate, passing the #4 sieve, shall be from approved sources and shall meet the requirements of Table 2. r Table 2 - Fine Aggregate—Properties* TESTS2 Method Limit Sand Equivalent Tex 230-F 45 min Methylene Blue (on materials AASHTO TP 57-99 10 max passing 200) Uncom acted Void Content AASHTO T 304-96 1 40 min 'AII testing must be performed by an AASHTO accredited laboratory or be an agency certified laboratory. 2 All fine aggregate tests shall be performed on the combination of all aggregates in the blend with the exception of the methylene blue test,which shall be performed on each of the individual aggregates in the blend. *" C. Mineral Filler Mineral filler may be used as an option to aid in meeting the gradation requirements. Hydrated Lime, certain classes of fly ash, baghouse fines and Type 1 Portland cement are acceptable as mineral filler. Mineral fillers shall meet the requirements in Table 3. Table 3 - Mineral Filler Requirement* Typical acceptablegradation: a. 100% passing #30 sieve 75-100% passing #200 sieve B 'All testing must be performed by an AMRL inspected laboratory or be an agency certified laboratory. D_ Asphalt Hinder The asphalt binder shall meet AASHTO M 320 requirements for PG76-22 and shall meet the requirements of Table 4: Table 4 - Asphalt Binder Requirement Tests Method Min. Max. Separation Test, % AASHTO PP-5 10 Elastic Recovery Test @ 50F, 50 Tex 539-C 60 minimum, % l SP-14 a� F. Polymer Modified Emulsion M _mhrane The emulsion shall be polymer modified and shall be in accordance with Table 5: Table 5 - Polymer Modified Emulsion Membrane Requirements Tests on Emulsion Method Min. Max. Viscosity, Sa bolt Furol @ 77°F, s Tex 513-C 20 100 Storage Stability Test -24h, % Tex 521-C 1 Sieve Test % Tex 521-C 0 .05 Residue by Distillation @400°F, % Oil Tex 521-C 63 Portion from Distillation ml of Oil per 100q Emulsion 5, % Demulsibilty (for cationic emulsions) , Tex 521-C 60 35 ml 0 . 8% sodium dioctyl sulfosuccinate, % Tests on Residue From Distillation Penetration Tex 502-C 100 150 Elastic Recovery, % I Tex 539-C 60 3Note: After standing undisturbed for 24 hours, the surface shall show no white, milky colored substance, but �• shall be a smooth homogeneous color throughout. 4Note: The sieve test is waived if successful application of the material has been achieved in the field. 5Note: The temperature on the lower thermometer shall be brought slowly to 350°F± 10°F and maintained at low this temperature for 20 minutes. The total distillation shall be completed in 60±5 minutes from the first application of heat. PM F. Max Design A laboratory approved by the Agency for the design of Ultrathin Bonded Hot Mix Wearing Course ffift shall formulate and submit to the contractor a job mix formula (JMF) that satisfies the design general limits listed in Table 6 - Mixture Requirements. Pft Table 6 - Mixture Requirements* Composition bv wei ht Dercenta2es Sieves #4 - Type A 3/8 in - Type B i4 in - Type C 4M ASTM Design General Design General Design General Limits Limits Limits % Passing % Passing % Passing pa Y. in 100 % in 100 75 - 100 3/8 in 100 75 - 100 55 - 80 + #4 35 - 55 22 - 36 22 -36 #8 19 - 30 19 - 30 19- 30 #16 14 - 25 14 - 24 14 - 24 #30 10 - 18 10 - 18 10 - 18 #50 7 - 14 7 - 14 7 - 14 #100 5 - 10 5 - 10 5 - 10 #200 4 - 6 4 - 6 4 - 6 Asphalt Content, 5 . 0 - 5 . 8 4 . 8 - 6 .2 4 . 6 - 6 .2 % `All testing must be performed by an AASHTO accredited laboratory or be an agency certified laboratory. 7Note: A tar et of 100% passing the 5/8"sieve is recommended. Mixtures containin 5/8"aggreciate size will require SP-15 �reater paving thickness. Note: A target of 4—5.5% passing the 200 sieve shall be used in the laborato design. The film thickness shall be 9 — 11 microns when calculated using the effective asphalt content in conjunction with the surface area for the aggregates in the JMF. The surface area factors can be found in Table 6.1 of the Asphalt Institute MS-2, "Mix Design Methods for Asphalt Concrete and Other Hot-Mix Types". Draindown from the loose mixture shall not exceed 0.10% when tested in accordance with AASHTO T305. The draindown shall be tested at optimum asphalt content plus 0.5%. The temperature shall be the mixing temperature plus 27°F. The tensile strength shall meet or exceed 80% when tested in accordance with AASHTO T-283. Specimens for AASHTO T-283 shall be 4 in diameter and compacted in accordance with AASHTO T-312 to 100 gyrations. One freeze-thaw cycle shall be completed prior to testing. The mixing and compaction temperatures shall be those recommended by the PG binder supplier. The mixture shall not contain reclaimed materials. Constr"ction_ A_ Weather The Ultrathin Bonded Hot Mix Wearing Course shall not be placed on a wet pavement. The pavement surface temperature shall be 70°F and rising at the time of placement. A damp pavement surface is acceptable for placement if it is free of standing water and favorable weather conditions are expected to follow. B. Equipment The paver shall be self-priming, designed and built for applying the Ultrathin Bonded Hot Mix Wearing Course and be approved by the Engineer. The paver shall have a receiving hopper, feed conveyor, asphalt emulsion storage tank, a system for measuring the Polymer Modified Asphalt Emulsion Membrane volume applied, spray bar and a heated, variable width, vibratory screed or a combination vibratory-tamping bar screed. The paver shall be capable of spraying the Polymer Modified Asphalt Emulsion Membrane, applying the hot mix asphalt overlay and leveling the surface of the mat in one pass. The paver shall be capable of placing the hot mix asphalt within 5 seconds after the application of the Polymer Modified Asphalt Emulsion Membrane. The paver shall be capable of paving at a controlled speed from 30 - 90 ft./minute. SP-16 No wheel or other part of the paving machine shall come in contact with the Polymer Modified Emulsion Membrane before the hot mix asphalt concrete wearing course is applied. The screed shall have the ability to crown the pavement at the center and have vertically adjusted extensions to accommodate the desired pavement profile. C_ Surface Preparation Surface preparation, as determined by the Owner, will be performed prior to the commencement of paving operations and paid for under the appropriate item numbers. n. Application The Polymer Modified Emulsion Membrane shall be sprayed by a metered mechanical pressure spray bar at a temperature of 120 - 180°F or as recommended by the Polymer Modified Asphalt Emulsion Membrane supplier. The sprayer shall accurately and continuously monitor the rate of spray and provide a uniform application across the entire width to be overlaid. The target application rate of the Polymer Modified Emulsion Membrane for estimating purposes shall be 0.20 gal./sq. yd for type C mixes. The target application rate of the Polymer Modified Emulsion Membrane shall be 0.17 gal./sq. yd for type B mixes. The target application rate of the Polymer Modified Emulsion Membrane shall be 0.14 gal./sq. yd for type A mixes. The actual target application rate shall be determined during the mix design. Field adjustments to the target application rate of asphalt emulsion shall be determined based upon the existing surface condition of the pavement. Adjustments to the Polymer Modified Emulsion Membrane application rate shall be approved by the Engineer. The hot mix asphalt concrete shall be applied at a temperature of 290 - 330°F and shall be spread over the Poiymer Modified Emulsion Membrane immediately after the application of the Polymer Modified Emulsion Membrane. The hot asphalt concrete wearing course shall be placed over the full width of the Polymer Modified Emulsion Membrane with a heated, vibratory screed or a combination vibratory-tamping bar screed. The target application rate of the Ultrathin Bonded Hot Mix Wearing Course shall be 85-Ib/sy. The field application rate (thickness) shall be as necessary to minimize fracturing of the top size aggregate by the screed. The Engineer shall determine the acceptable extent of fracturing at the edge of the paving for tapering purposes. SP-17 F. Rolling Rolling of the wearing course shall consist of a minimum of two and a maximum of three passes with a steel double drum asphalt roller of minimum weight of 10 tons, before the material temperature has fallen below 1957. At no time shall the roller or rollers be allowed to remain stationary on the freshly placed asphalt concrete. Rolling shall immediately follow the placement of the Ultrathin Bonded Hot Mix Wearing Course with an approved asphalt roller(s). Roller(s) shall be well maintained, in reliable operating condition and be equipped with functioning water system and scrapers to prevent adhesion of the fresh mix onto the roller drums. Adequate roller units shall be supplied so the rolling will be accomplished promptly following the placement of the material. A release agent (added to the water system) may be required to prevent adhesion of the fresh mix to the roller drum and wheels. Rolling shall normally be done in the static mode. Excessive rolling of the driving lanes, to the extent of aggregate degradation, shall not be allowed. The Engineer shall determine the acceptable extent of fracturing at the edge of the pavement from the rolling operation. The new pavement shall not be opened to traffic until the rolling operation is complete and the material has cooled below 185'F. Qualeb y Control- A- ontrolA_ Lots and su6lots A lot will be defined as 1320 T. Lots will be further subdivided into sublots not to exceed 330 T. Partial sublots will be carried over and added with the next production day quantities to make a complete sublot. Incomplete lots, such as on the last day of production or in other circumstances as deemed by the Engineer, the lot may be closed out by the Engineer. B_ Ouality CT ontrol The following measures shall be used by the Contractor to maintain quality control and uniformity. The Contractor will be responsible for obtaining all the quality control (QC) samples. Prior to production, the Engineer/Construction Manager will approve the sampling method used by the Contractor. The Contractor will be responsible for the equipment operation and calibration. The application rate of the Polymer Modified Emulsion Membrane shall be verified by dividing the volume of Polymer Modified Emulsion Membrane used by the area of paving for that day. A minimum of three samples per lot of the bituminous wearing course shall be tested for asphalt content and gradation before the next lot's production. If the average of three test results vary from the JMF by more than the quality control tolerances in Table 7, production will stop. The Contractor shall identify the cause and document, in detail what corrective action was taken. The JMF may only be adjusted if the revised JMF meets the mixture requirements set forth in the SP-18 project specifications. The first sample after the hot mix plant start up shall be taken between loads three and five of production. Sampling of the bituminous mixture for the first sample after the hot mix plant start up shall take place at the hot mix plant, either from the hot elevator or from a transport truck while still at the plant. For field verification, the General Design Limits shown in Table 6 may be exceeded when the Job Mix Formula has the Quality Control tolerances applied from Table 7. Table 7- Quality Control Tolerances* % Passing #4 - Type A 3/8 in - Type M in - Type C Indicated Sieves B Size Tolerance, % Tolerance, % Tolerance, in - - - �^ M in - - _+5 3/8 in - +5 - #4 +4 +4 +4 #8 _+4 +4 +4 #16 +3 +3 +3 #200 See Note 1 See Note 1 See Note 1 Asphalt Binder +0 . 3 _+0 . 3 +_0 . 3 Content, *All testing must be performed by an AASHTO accredited laboratory or be an agency certified laboratory. 1.Aggregates gradation will not exceed limits shown in Table 6. C_ Accpntancp of mixture A. The Engineer/Construction Manager is responsible for all quality assurance (QA) sampling and testing, except where stated below. Quality assurance testing on bituminous wearing course will be done at the field/Regional laboratory. Quality assurance testing shall be completed in a reasonable time. Sampling and testing methods will be the same as used by the Contractor. A minimum of three samples per lot of the bituminous wearing course shall be tested for asphalt content and gradation before the next lot's production. Samples to be tested may be taken from the Contractor's quality control samples. Acceptance of mixtures for binder content and gradation for each lot will be determined on the basis of extraction performed by the Engineer. The Engineer will randomly select the location(s) within each sublot for sampling. The test results of the sublots for each lot will be averaged and shall meet the requirements for tolerances from the JMF for each sieve, shown in Table 7. SP-19 If in the Engineer's judgement, defective areas warrant removal, the Contractor shall remove and replace those areas at the Contractor's expense with materials meeting specification requirements. Method of Measurement and Paympn The Ultrathin Hot Mix Wearing Course shall be measured and paid by the tons of mixture placed in accordance with this specification and the special provisions. The Polymer Modified Emulsion Membrane shall be measured paid by the gallon applied as part of the Ultrathin Bonded Hot Mix Wearing Course in accordance with this specification and special provisons. UTBWC English Version 13-11 03/13/02 SP-20 TFCHNICAL SPFCIFICATIONS _CONCRETE BRIDGE DECK REPAIR PAY ITEM NOS, 7, 8 & 9 - CONCRETE BRIDGE DECK REPAIR- 1.1. DESCRIPTION This Item shall govern for the repair of deteriorated and/or damaged areas of concrete bridge decks as herein specified and as directed by the Engineer. Bridge deck repairs are divided into three main classes of repair: Class I for shallow repairs where the �- damage does not extend to the top mat of reinforcing steel; Class II for mid-depth repair where damage extends to, or slightly below, the top mat of reinforcing steel; and Class III for full depth repair. These classes are further divided into three subclasses depending upon the desired time until return of service (opening to traffic): (A) for rapid return to service within two hours after placing repair materials; (B) for prompt return to AM service within 24 hours of placement of repair materials; and (C) for postponed return to service of seven days or more after placement of repair materials. For example: A shallow repair requiring an immediate return to service is classified as a Class I (A) OW repair while a full depth repair where opening to traffic can be delayed is classified as a Class III (C) repair. 1.2. MATERIALS few All materials shall conform to the pertinent requirements of the following TOOT items, except as noted herein: Item 420, "Concrete Structures" °a Item 421, "Portland Cement Concrete" Item 440, "Reinforcing Steel" Special Specification, "Epoxy and Adhesives" elk 1.2.1. Cementing Materials. Proprietary repair materials are acceptable for use if r approved by the Engineer. Information to be included for review shall include all manufacturer's recommendations and material application instructions. At the Engineer's discretion, trial batches for proprietary repair materials may be required to verify that the compressive strengths specified herein are obtained. Proprietary repair materials shall be certified by the manufacturer to be free of soluble chlorides or other ingredients that may potentially cause corrosion of embedded reinforcing steel. ,.. SP-21 All repair materials shall have the following minimum compressive strengths depending on the subclass of the repair(return to service time): Subclass (A): 2000 psi at two hours Subclass (B): 3600 psi at 24 hours Subclass (C): 4000 psi at seven days The 28-day strength for all subclasses shall be 4000 psi Trial batches of Portland cement concrete furnished under TxDOT Item 421, "Portland Cement Concrete", may be required to verify that the compressive strengths specified above are achieved within the given time period. Concrete repair materials shall be air- entrained per Article 421.8, "Classification and Mix Design" of TOOT specifications. For Class I repairs with concrete, the slump shall not exceed one (1) inch and the maximum water-cement ratio shall not exceed 0.35. For Class II repairs with concrete, the slump shall not exceed three (3) inches and the maximum water-cement ration shall not exceed 0.45. Repair materials for Class III repairs shall conform to the requirements for Class "S" concrete in TxDOT's Item 421, "Portland Cement Concrete". Admixtures for concrete shall conform to TxDOT Item 437, "Concrete Admixtures". 1.2.2. Coarse Aggregate Coarse aggregate shall be a crushed or broken aggregate conforming to Section 439.2.(1)(b), "Coarse Aggregate" of TxDOT's specification. For proprietary repair materials, the coarse aggregate shall be in conformance with the manufacturer's recommendations. The maximum aggregate size for a Class I (shallow) repair shall not be greater than Grade 6 or half the average repair depth and for a Class II repair shall be Grade 5 or 6 in accordance with Article 421.2, "Materials" of TxDOT's specification. Coarse aggregate for a Class III (full depth) repair shall conform to the requirements for Class "S" concrete in Article 421.9., "Quality of Concrete" of TxDOT's specification. For Class I repairs the coarse aggregate shall not have an absorption exceeding three (3) percent when tested in accordance with Test Method Tex-403-A. 1.3. EQUIPMENT All equipment shall be provided by the Contractor, subject to the approval of the Engineer and shall comply with the following: 1.3.1. Concrete Removal Equipment. Scarifying equipment shall conform to the pertinent requirements of TxDOT Item 483, "Scarifying Concrete Bridge Slab". Sandblasting equipment shall be capable of removing oil, dirt, slurry, curing compound, laitance, etc., from the surface of the concrete. Equipment for wet sandblasting shall be in accordance with TOOT Item 485, "Wet Sandblasting". Sawing equipment shall be capable of sawing concrete to the specified depth. Power-driven chipping tools not heavier than the nominal 15-pound class will be permitted for the removal of concrete. Chipping hammers not heavier than the SP-22 nominal 15-pound class shall be used to remove concrete beneath any reinforcing bars or along edges of repair area. 1.3.2. Proportioning and Mixing Equipment. Mixing equipment for concrete shall be as specified in TOOT Item 421, "Portland Cement Concrete". For small areas the Contractor may mix the concrete in a small motor-driven mixer using the volume method of measuring the ingredients. The method used to measure ingredients and the mixing procedure shall be approved by the Engineer. Mixing equipment for proprietary materials shall be in accordance with the .• manufacturer's recommendations. 1.3.3. Placing and Finishing Fguanment. Sufficient and appropriate hand tools for placing and finishing stiff plastic concrete or proprietary repair material and for working them to correct level for strike-off shall be provided. Immersion type vibrators are required for Class II and III repairs for consolidation of a concrete repair material. Vibrator compactors are required for consolidation of Class I repairs. A surface vibrator moving ahead of the finishing machine or a vibrating �. screed, approved by the Engineer, may be required for consolidation for larger repair areas. Manual type screeds with approved vibrators may be used to finish small or irregular areas. 1.4. CONSTRUCTION METHODS All areas to be repaired will be marked by the Engineer. Determination as to the class of repair will be made after the final concrete removal has been completed. The entire +�- perimeter of the area to be repaired shall be saw-cut on the top surface to a depth of approximately one (1) inch. This saw-cutting depth may be lessened as directed by the Engineer in areas where insufficient cover is suspected so that the reinforcing steel will not be cut. For Class III repairs, the bottom surface of the deck shall be chipped around the entire perimeter of the patch area using lightweight chipping ,., hammers to provide as near a vertical surface as possible. Feather edges around this perimeter will not be permitted. The minimum depth of repair for a Class I repair is 3/ inch. 1.4.1. Concrete Removal. All loose, delaminated, spalled or fractured concrete shall be removed to sound material. A jack hammer not heavier than a nominal 15 pound class may be used for removal of loose or deteriorated concrete to a depth down to the existing top reinforcing steel. This class of jack hammer may also be used for concrete removal between existing reinforcing bars to a greater depth, but chipping hammers, not heavier than a nominal 15 pound class, shall be used for removal of concrete beneath any reinforcing bars. Care shall be taken to prevent cutting, " stretching or damage to exposed reinforcing steel by direct impact of these power SP-23 tools. All jack hammers and chipping hammers shall be operated at an angle of 45 degrees or less, measured from the surface of the slab and directed away from the edge of the repair perimeter. Disposal of removed material is the responsibility of the Contractor. When bond between existing concrete and reinforcing steel that will remain in place has been destroyed, the concrete adjacent to and below the bar shall be removed to a minimum one (1) inch below the bar to permit new concrete to bond to the entire periphery of the exposed bar. Any reinforcing steel damaged, cut or broken by the Contractor's operations or with section loss due to corrosion greater than 25 percent, shall be restored with new bars of the same size by lapping or welding as directed by the Engineer. Once the bulk concrete removal has been completed, the perimeter of the area to be patched will be sounded by the Engineer to insure that the removal operation did not cause additional damage to the existing deck. Any additional damage detected during this sounding shall be repaired as specified herein at no additional cost to the Department. 1.4.2. Surface eparation. Prior to placing repair materials, all exposed reinforcing steel and newly exposed concrete surfaces shall be cleaned by wet or dry sandblasting. The surface shall then be cleaned by water blasting. For a concrete repair material, the prepared surface shall be moist and in an approximately saturated surface dry condition before placing the repair material but should not have any standing water. Surface conditions for proprietary materials shall be in accordance with the manufacturer's recommendations. Bonding grout or epoxy is not required for Class III repairs. Class I and II repairs will require the use of a bonding agent. The bonding agent may be a Portland cement or latex modified Portland cement grout, or an epoxy system. Immediately before placing the repair material, a thin uniform coating of bonding agent shall be scrubbed into the prepared surface. Care shall be exercised to insure that all surfaces, including vertical faces, receive a thorough, even coating and that no excess bonding agent is permitted to collect in pockets. The bonding agent shall be applied so that it does not become dry prior to application of the repair material. The manufacturer's recommendations for bonding agents shall be followed for proprietary materials. Form work for Class III repairs shall comply with the provision of Article 420.9., "Forms" TxDOT specification and the method of attachment shall be approved by the Engineer. 1.4.3. Placing and Finishing Repair Materials. Unless approved by the Engineer, concrete or proprietary repair materials shall not be placed when the air temperature (taken in the shade away from artificial heat) is below 50 F. The temperature of the concrete when placed shall be between 50 F and 85 F. The replacement material shall be placed and struck off slightly above final grade. It shall then be mechanically consolidated and screeded to final grade. All concrete for Class II and III repairs shall be vibrated to insure complete consolidation into corners and angles of the edges. Hand finishing with a float may be required in SP-24 order to produce a tight, uniform surface. The Engineer will specify the type of surface finish in accordance with Article 20.19, "Finish of Roadway Slabs". 1.4.4. Curing. Repairs made using concrete shall receive a wet burlap cure as soon as possible after the concrete has been textured. Failure to apply the wet burlap before the repaired area has dried out or cracked shall be cause for rejection of the repair so affected. The wet burlap shall be wet continuously until the repaired area is opened to traffic, but not longer than eight (8) days. The surface temperature of the repair shall be maintained above 40 F for the required curing period. Formwork for Class III repairs shall remain in place for the specified curing period. Curing of proprietary repair materials shall be in accordance with the manufacturer's recommendations. Rejected repair areas shall be removed and replaced at no additional cost to the Department. Any cracks visible in the repair area or around the perimeter of the repair area shall be sealed no sooner than 24 hours after the required curing has been completed. The material used to seal these cracks may be a proprietary crack sealer such as methacrylate or a super low viscosity epoxy subject to prior approval by the Engineer. 1.5. MEASUREMENT Bridge deck repairs will be measured by the square foot of surface area for the various classes of repairs (Class I, II and III). When a repair involves multiple depths, the areas for each class will be measured separately. 1.6. PAYMENT The work performed and material furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Bridge Deck Repair", of the various classes and subclasses specified. A bid price shall be provided for each of the three classes of repair (I, If and III). The subclass (return to service time) will be determined by the Engineer and will remain the same for all classes of a given repair. These prices shall be full compensation for furnishing and placing all materials, removing and disposing of all loose or deteriorated concrete, saw-cutting, cleaning and/or replacing of reinforcing steel, and for all labor, equipment, tools and incidentals necessary to complete the work. SP-25 EQUIPMENT SCHEDULE . List of Equipment owned by Bidder that is in serviceable condition and available for use: low r a� OW a.. Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: .ft ew EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion lo. List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety a CERTIFICATE OF INSURANCE 020678 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. Name and Address of Agency Company Companies Affording Coverages United Service Agency, Inc. Letter Post Office Box 11765 A Pacific Employers Insurance Company Lexington, Kentucky 40577 B Indemnity Insurance Co of North America C Ace American Insurance Company Name and Address of Insured p APAC-Texas, Inc. E Fort Worth Branch F P.O. Box 1807 G Fort Worth, TX 76101 H I This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Company Policy Limits of Liabilitv in Thousands(000) Letter Type of Insurance Policy Number Expiration Each Policy Date Occurrence Aggregate GENERAL LIABILITY COMPREHENSIVE FORM PERSONAL INJURY A ZPREMISES-OPERATIONS INCLUDING $ $ ,EXPLOSION AND COLLAPSE * LAB 26610 12/01/05 BODILY INJURY HAZARD UNDERGROUND HAZARD Effective: PROPERTY DAMAGE $ $ ®PRODUCTSICGMPLEfED 12/1/2002 OPERATIONS HAZARD ®CONTRACTUAL INSURANCE FIBROAD FORM PROPERTY PERSONAL INJURY, DAMAGE BODILY NJURY AND Z INDEPENDENT CONTRACTORS PROPERTY DAMAGE $ 1,000 $ 1,000 Z,PERSONAL INJURY COMBINED OCCURRENCE FORM AUTOMOBILE LIABILITY BODILY INJURY(EACH $ PERSON)BODILY ®COMPREHENSIVE FORM * LAB 26610 12/01/05 INJURY(EACH $ OCCURENCE) A ®OWNED PROPERTY DAMAGE $ ®HIRED Effective: IVe. BODILY INJURY AND ®NON-OWNED 12/1/2002 PROPERTY DAMAGE $ 1 000 COMBINED EXCESS LIABILITY UMBRELLA FORM BODILY INJURY AND PROPERTY DAMAGE $ $ COMBINED OTHER THAN UMBRELLA FORM B WLR C 4398973A STATUTORY C WORKERS'COMPENSATION WLR C 43989042 12/01/05 and SCF C 43989121 C EMPLOYERS'LIABILITY (EACH EMPLOYEE) Effective 12/01/04 $ 1,000 (EACH DISEASE) (EACH ACCIDENT) $ $ $ $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES *SEE REVERSE SIDE. Ultra Thin Bonded Hot Mix Wearing Course"NOVACHIP"2005-26 for Hulen Street from 1-30 to Bridgeview Drive. CANCELLATION: Should any of the above described policies be cancelled or materially changed before the expiration date thereof,the issuing company will endeavor to mail 5 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. Name and Address of Certificate Holder Date Issued: August 22, 2005 City of Fort Worth 1000 Throck Morton Street Fort Worth, TX 76102 AUTHORIZED SIGNATURE *City of Fort Worth and its officers, employees and servants shall be an additional insured, but only if required by written contract between City of Fort Worth and APAC-Texas, Inc.; only to the extent of-the insurance limits required under this contract; only as to work performed or to be performed by or on behalf of APAC-Texas, Inc. under this contract; and only with respect to operations by or on behalf of APAC-Texas, Inc. or to facilities of or used by APAC-Texas, Inc.. 14-a. K . _ 9ttrlil AUTHORIZED SIGNATURE PM CERTIFICATE OF INSURANCE ps TO: CITY OF FORT WORTH Date: NAME OF PROJECT: Ultra Thin Bonded Hot Mix Wearing Course"NOVACHIP" 2005-26 for Hulen Street from I-30 to Bridgeview Drive PROJECT NUMBER: GS93-020930522810 IS TO CERTIFY THAT: APAC-Texas,Inc. 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: S Ea.Occurrence:$ Property Damage: Ea.Occurrence: Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other rLocations covered: Description of operations covered: rThe 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. rWhere 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. rThe 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. rAgency Insurance Company: Fort Worth Agent By rAddress Title T CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No.4845 and City of Fort Worth Project No. GS93- 020930522810. CONTRACTOR APAC-Texas, Inc. By: APAC - /PC- Name: �- Title: NC Date: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared MIC:HAR R RA)(TFp known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of APAC-Texas, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this,_ day of 200> Notary Public in and for the State of Texas z�`p0.VP NINA FLORES NOTARY PUBLIC STATE OF TEXAS My Comm.Exp.04-28-2007 MM an PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) APAC-Texas, Inc. as Principal herein, and (2) Liberty Mutual a corporation organized under the laws of the State of(3)Texas 'and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas,Obligee herein, in the sum of.- Four f:Four Hundred Twenty-two Thousand Eight Hundred Fifty-six and no/100..................................... ($422,856.00)Dollars for the payment of which sum we bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain contract with the Obligee dated the of 2005 a copy of which is attached hereto and made a part hereof, for the construction of: Ultra Thin Bonded Hot Mix Wearing Course"NOVACHIP" 2005-26 for Hulen Street from I-30 to Bridgeview Drive 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 rt harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. EP Q 'N6 SIGNED and SEALED this� of_ ,2005. ATTEST: APAC-Texas,Inc. (Principal)Secretary PRINCIPAL(4) BY: MICHA R. B R Title: H MANAGER (SEAL) PO BOX 1807 Fort Worth,TX 76101 f !/ LMERT 1L INSURANCE fitness as to Principal Sur Addr s n BY: ATTE / L §1dra�p;�tt t)(5) — (Surety)Secretary 4021 Hwy 377 South Fort Worth,TX 76116-7891 (Address) PM (SEAL) NOTE: Date of Bond must not be prior to date of Contract (l) 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. i n / The date of bond shall not be prior to date of Contract. Witness as to Surety (Address) rK & S Group, Inc. 4021 Hwy 377 South Fort Worth,TX 76116-7891 I'" �dnc 0. /y-D29-088 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,(1)APAC-Texas,Inc., as Principal herein, and (2)Liberty Mutual a corporation organized and existing under the laws of the State of(3)Texas , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Four Hundred Twenty-two Thousand Eight Hundred Fifty-six and no/100. Dollars ($422,856.00) for the payment whereof, the said P. Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: p U b ZOOS WHEREAS,the Principal has entered into a certain written contract with the Obligee dated t e day of 2005, 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: Ultra Thin Bonded Hot Mix Wearine Course "NOVACHIP" 2005-26 for Hulen Street from 1-30 to Bridgeview Drive 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. *w PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this day of,' - 2005. 0M APAC-Texas PRINCIPAL ATTEST: By. ��frUC� Name:�6{CNA BAXTER (Principal) SecretaryTitle: BMNCN MANAGER (SEAL) Address: PO BOX 1807 �— - Fort Worth, TX 76101 .. Witness as to Principal LIBERTY MUTUAL INSURAN COMPANY SURETY ti ATTES By: Name: b0FfVE SCOTT WM Secreta Attorney in Fact~ (S E A L) Address: K&S Group, Inc. 4021 Hwy 377 South ' o Wo—RE,TX 76116-7891 fitness as to Surety Telephone Number: 7 7- 'Y9y3 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § That APAC-Texas, Inc. ("Contractor"), as principal, and Liberty Mutual a corporation organized under the laws of the State of Texas ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Four Hundred Twenty-two Thousand Eight Hundred Fifty-six and no/100........................................................................................................................... Dollars ($422,856.00), 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 has this day entered into a written Contract with the City of Fort Worth, dated the of 2005, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Ultra Thin Bonded Hot Mix Wearing Course "NOVACHIP" 2005-26 for Hulen Street from 1-30 to Bridgeview Drive the same being referred to herein and in said contract as the Work and being designated as project number(s) GS93-020930522810 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in ' part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from — Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon r. for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each of which shall be deemed an original, this day of , A.D. 2005. SEP 0 b 2005 ATTEST-- APAC-Texas •c. , (S E-A L) Contractor , AQD By: Secretary Name IQHA TER Title- BR,ANCH. MANAGER USERTY MUTUAL INSURANCE ATTEST: COMPANY (SEA ) Surety By: A Secretary 0 Name: WFOW SOOTT Title: 0RWY4T4-FA0T K& 5 Group, Inc. 402 Address Fort Worth,TX 76116-7891 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1684967 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint STEVEN B. SIDDONS, HOLLY A. GRAVENOR, LORRIE SCOTT,SHIRONG CHEN,ALL OF THE CITY OF FORT WORTH, STATEOF TEXAS................................................................... ....................................... . ............................................... ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver, for and on its behalf as surety and as its act and deed,any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100******************** DOLLARS($ 25,000,000.00***** )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII -Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'O N attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their N 0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 0 C as binding as if signed by the president and attested by the secretary. c .0 N _c d By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: M c Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and 'o deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. M O C3 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C a Z:-@ Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of February Z:C d 3 2005 Q M 01- do LIBERTY MUTUAL INSURANCE COMPANY _ m ani By��„_,_ - G,/_ �fi�-.�l`>� L 0 a Gamet W.Elliott,Assistant Secretary 4 o d.`r COMMONWEALTH OF PENNSYLVANIA ss �O COUNTY OF MONTGOMERY L C r= On this 22nd day of February 2005 , before me,a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged «d 0- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above o Gi Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 7 i 0 M IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year e first above written. ,� �oNw� "00 j ; O� ��' N 109,l Seel N . f' (� S Fsresa Paste!ts.Notary Ruh,le 0 � L 0 OF Piynwulri Trnp.,AtuR?Game.y ravniv C By Z U Aly Comm--sion.E.p:rss Mar 2d..200'5 0 O M.0met,PprmsyrvaniaAosocatlnn ct No!aras Ter sa Pastella,Notary Public 0 o CERTIFICATE jqFr,L �G I,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attomey of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to,appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsim�e or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insuranc:a Corrpa<ty at a maeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any.assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the-compare;in connection:vith surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. >EP 0 6 9_00� I IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this day of By Davi6 M.Carey,Assipt66t Secretary Liberty Mutual Surety Bond Number NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 11/15/04 _ Liberty Bond Services,. Mc3mbcr of Ubcrty Mutual Group Important Notice TO FILE A NOTICE OF CLAIM: On a Bond issued by LIBERTY MUTUAL INSURANCE COMPANY you may contact: Liberty Bond Services Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 (610) 832-8240 This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 CITY OF FORT WORTH TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT SEP 0 6 2005 This agreement made and entered into this the day of A.D., 2005, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11"'day of �. December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, APAC-Texas, Inc., HEREINAFTER CALLED Contractor. 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: Ultra Thin Bonded Hot Mix Wearing Course "NOVACHIP" 2005-26 for Hulen Street from I-30 to Bridgeview Drive •� 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 ready for the inspection and approval of r the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 25 working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$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. r 5. 1 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 rContractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and PF employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, rservants 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 rto 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 runder a City Contract. f 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, Ir execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor r r■ go and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. r 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 Four Hundred Twenty-two Thousand Eight Hundred Fifty-six and no/100. .Dollars,($422,856.00). 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 Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 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 8 counterparts with its corporate seal attached. S p 0,6 2005 Done in Fort Worth,Texas,this theay of ,A.D., 2005. REC ED: CITY OF FORT WORTH a BY: DIRECTOR, DEPARTMENT OF CITY MANAGER ENGINEERING APPROVED: Marc A. Ott, Assistant City Manager TRANSPORTAT ONIPUBLIC WORKS DIRECTOR ATTEST: ADAC-Texas,Inc. PO BOX 1807 Fort Worth,TX 76101 CONTRACTOR CITY SECRETARY n (SEAL) BY: C.nt,_act Authorizatiox BRANCH MANAGER S . (� c TITLE Date PO- BOX 1807 APPROVED AS TO FORM AND FORT WORTH, T)X 76101 LEGALITY: ADDRESS ST. CIT A ORNEY November 1960 Revised May 1986 Revised September 1992 ] u SEP 12 2005 12=58 FR APAC-TEXAS INC 8178774908 TO 81739f7854 P.02 POWER OF ATTLORNEY - 2005 Power of Attomey executed by APAC-Texas, Inc., (the"Company), relative to its operations. KNOW ALL MEN BY THESE PRESENTS:That, pursuant to the authority granted in resolutions adopted by its Board of Directors on October 1, 1981, the Company, acting by and through its duly elected and qualified President, Stephen B. Robertson, does hereby authorize the following trade names and grants the following authority to the persons herein designated, subject to the limitations herein set forth, as follows: A. DEFINITIONS The following terms shall have the indicated meanings in this Power of Attorney: The Company shall mean ADAC-Texas, Inc., a Delaware corporation, which includes business operations of the Company conducted under and by, and the assets and properties of the Company managed by,the various units and divisions whose trade names are hereinafter generally described. Contract Documents shall mean any and all bids, proposals, agreements, instruments, contracts, bonds, releases, satisfactions, labor and payroll affidavits and reports, periodic and final estimates, consents to the releases of retained percentages and the payment of final estimates, and all other documents, writings, consents or reports necessary or requisite to the implementation of any of the foregoing documents herein defined that shall be related to, connected with or arise out of the regular and ordinary business activities of the Company. rcers shall mean persons from time-to-time designated by the Company as such officers of the Company. Authorized Ornployees and A5sistant Sec emeries shall mean persons designated from time to time as such by the Company or by any two Officers as hereinafter-set forth. S._AU'tr HOR1Z D TRADE NAMES The activities and operations of the Company may be carried on in any of the following manners or styles as may from time-to-time be deemed necessary or appropriate: Texas Bitulithic Division; APAC-Texas, Inc_ Trotti & Thomson Division; ADAC-Texas, Inc. Buster Paving Division; APAC-Texas, Inc. C. AUTHORIZED ATTORNEYS I. O FICERS The following persons are hereby designated OFFICERS of the Company and are hereby made, constituted and appointed the true and lawful attorneys of the Company for the purposes and subject to the limitations hereinafter set forth, to act in its name, place and stead in the matters hereinafter mentioned: SEP 12 2005 12:58 FR ADAC—TEXAS INC 8178774908 TO 8173927854 P.03 NAME: OFFICE: Stephen B. Robertson President John D. Armeni Vice President/Asst. Secretary James W. Bettis Vice President/Asst. Secretary Dennis M. Curtin Vice President/Asst. Secretary Patricia J. Decker Vice President/Asst. Secretary Tom L.Flatt Vice President/Asst. Secretary Robert K. Hall Vice PresidentJAsst. Secretary Allen D. Johnson Vice President./Asst. Secretary Stephen R. Koonce Vice PresidenVAsst. Secretary Joel S. Michael Vice President/Asst. Secretary R. Scott Sarine Vice President/Asst. Secretary William C. Shelor III Vice PresidenUAsst. Secretary Stephen D_ Millington Secretary/Treasurer Bradley E. Callahan Asst, Secretary/Asst.Treasurer Barbara A. Keel Asst. Secretary/Asst. Treasurer The following persons are hereby designated OFFICERS solely for the purposes of executing and attesting various corporate documents, tax returns, affidavits, and similar such instruments as may be necessary from time to time: Jerome M_ Calvin Vice President/Asst Secretary M_ Ray Pace Vice President/Asst, Secretary Jami K Suver Vice President/Asst. Secretary Joseph M.Welsh Vice President/Asst Secretary William B. Millet Administrative Vice President/Asst. Secretary Robert J. Allen Deputy Tress./Asst. Treas./Asst Secretary Joseph R. Brace Deputy Treas./Asst Treas./Asst. Secretary John V. Connolly Deputy Treas./Asst Treas./Asst Secretary Brian D. Menshouse Deputy Treas./Asst.Treas./Asst Secretary Stephanie B. Stitt Deputy Treas./Asst Treas./Asst Secretary Eric Croons Assistant Secretary Michael F. Deaton Assistant Secretary Heather E. Harper Assistant Secretary David C. Lewis Assistant Secretary Deborah L. Murphey Assistant Secretary David M_Toolan Assistant Secretary it. AUTHORIZED gMF OYES The following persons are hereby designated AUTHORIZED EMPLOYEES of the Company and all are hereby made, constituted and appointed the true and lawful attorneys of the Company for the purposes and subject to the limitation hereinafter set forth, to act in its name, place and stead: Michael R. Baxter . Kai A. Kincaid Luke F. Miller Kirk D. Moms Ill. ASS STA_19T SECRETARIES Any and all Contract Documents of the Company which may be signed or executed pursuant to the powers of attorney herein granted to the Officers and Authorized Employees hereinbefore named may be attested on behalf of the Company and the Company's corporate seal may be affixed thereto by any one of the following named persons, each of whom is hereby designated an ASSISTANT SECRETARY of the Company for the limited purposes stated herein: Michael R. Baxter Kai A. Kincaid Luke F.Miller Kirk D. Morris Edward L. Starr 2 SEP 12 2005 12:58 FR APAC—TEXAS INC 8178774908 TO 8173927854 P.04 D. EXECUTION OF DOCUMENTS 1. OFFICERS Each of the Officers hereinbefore named is hereby given and granted the right, power, and authority to sign, execute and deliver on behalf of the Company any and all Contract Documents and each of said attorneys on behalf of the Company may do all other acts and things requisite or necessary in respect of the signing, execution or delivery thereof; and all that its said attorneys, and each of them, shall lawfully do or cause to be done by virtue of the authority and power herein granted is hereby ratified and confirmed by the Company. 11. AUTHORIZED EMPLOYEES Each Authorized Employee hereinbefore named is hereby given and granted the right, power and authority to sign, execute and deliver on behalf of the Company any and all Contract Documents relative to the offering to perform or the performance of work as aforesaid and said attorneys on behalf of the Company may do all other acts and things requisite or necessary in respect of the signing, execution or delivery thereof; and all that its said attorneys, and each of them, shall lawfully do or cause to be done by virtue of the authority herein granted is hereby ratified and confirmed by the Company. Ill. PROPERTY Any two of the aforesaid Officers, acting together, may in the ordinary and regular course of business execute any and all documents affecting the title to or possession of any property having fair cash value of less than Two Hundred and Fifty Thousand Dollar ($250,000.00) and used, held, owned or standing in the name of the Company. IV. CHANGE IN AUTHORIZED EMPLOYEES &ASSISTANT SECRETARIES Any two of the aforesaid Officers acting together may from time•to-time grant further powers of attorney designating any person or persons in the employ of the Company as an Authorized .. .Employee or Assistant Secretary and may at any time withdraw from any Authorized Employee or Assistant Secretary the designation as such, with or without cause, and such person shall thereafter no longer have the authority of an Authorized Employee or Assistant Secretary under this instrument. Said Officers may also in connection with the granting or withdrawing of the designation of an Authorized Employee or Assistant Secretary from time-to-time add to the lists of Authorized Employees and Assistant Secretaries on this instrument the names of those employees granted such designation and delete from such fist the names of those whose designation has been withdrawn. V, ADDITIONAL LIMITED POWERS OF ATTORNEY Any two Officers acting together are hereby made, constituted and appointed the true and lawful attomeys of the Company for the purpose of granting further powers of attorney authorizing any person or persons in the employ of the Company to execute Contract Documents on behalf of the Company; provided, however, that such further power of attorney shall set forth that the total maximum value of any Contract Document which such attorney is authorized to execute shall not exceed $100,000 for any single Contract Document, E. BINDING EFFECT Any and all of the aforesaid Contract Documents and all other documents styled, executed and attested pursuant to the authority hereinbefore granted shall be valid, lawful and binding upon the Company in accordance with the terms and conditions of the document or documents so executed and attested; provided, however, that nothing herein contained shalt authorize any person authorized to act hereunder to underwrite, warrant, endorse, or guarantee the debt, performance, obligation or any other undertaking of any kind or description of any third party or parties. 3 SEP 12 2005 12:,58 FR APAC-TEXAS INC 8178774908 TO 81739 7854 P.05 The Power of Attorney and authority hereby granted and confirmed upon the said Officers, Authorized Employees and Assistant Secretaries shall continue in full force and effect through December 31, 2005. IN TESTIMONY WHEREOF, the Company has caused this instrument to be executed by its President and attested to by its Secretary/Treasurer, and its Corporate Seal to be hereto affixed, as of the84.r- day of October 2004. A T: Step a B. Robertson, President stephen D Millington, Secreta /Treasurer [Corporate Seal] - _ -- State of Texas SS: County of Dallas Be it remembered that I, Patricia L. McCall, a Notary Public duly qualified, commissioned, sworn and acting in and for the county and state aforesaid, hereby certify that on this _= day of October 2004, there personally appeared before me, Stephen B. Robertson, President of the Company, and Stephen D. Millington, SecretarylTreasurer of the Company, and each personally known to me to be that person and designated Officer of the Company who signed said instrument on behalf of said corporation and being by me duly sworn did acknowledge and say to me that he did so sign, seal and deliver said instrument in the name and on behalf of said corporation as such designated Officer, that the same is the free and voluntary act and deed as such designated Officer and the free and voluntary actand deed of said corporation for the consideration, uses and purposes therein mentioned; that he is duly authorized thereunto by the Board of Directors of such corporation; and that the seal affixed to said instrument is the corporate seal of such corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand.and official notarial seal in the City of Dallas, County of Dallas,this I.&&— day of October 2004. [ )NeaI Pain is L. Mc all, Notary ublic My Commission Expires. November 13, 2007 z m�qT + 4 PROJECT DESIGNATION SIGN 41 - 011 PMS 288 11►/q" H4--- PMS 167 311 f 3" ET MAINTENANCE 3" PROGRAM �- 1►/2' Contractor: 2'/2 : - Contractor's Name ► , /2 1'/2" TELEPHONE NUMBER 16'/2" FORT WORTH IN LOGO- CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD LOGO COLORS: FORT WORTH - PMS 288 LONGHORN LOGO- PMS 167 ULTRATHIN BONDED HOT MIX WEARING COURSE (2005-26) Blk Limits Proiect Name Limits Procedure Quantity CD Map 2800-4049 HULEN ST W I-30 FWY-W VICKERY NOVACHIP 4.22 LM 7 75K BLVD 2200-2575 S HULEN ST W VICKERY BLVD-BRIDGEVIEW NOVACHIP 1.59 LM 3 75U DR 100-199 HULEN NB VICKERY W VICKERY BLVD-S HULEN ST NUVACHIP 0.25 LM 9 75Q EB RAMP 100-199 HULEN NB VICKERY HULEN ST-W VICKERY NOVACHIP 0.15 LM 9 75Q WB RAMP BLVD as 100-199 HULEN SB VICKERY HULEN ST-W VICKERY NOVACHIP 0.15 LM 7 75P WB RAMP BLVD HULEN VICKERY W VICKERY BLVD-HULEN ST NOVACHIP 0.32 LM 9 75Q CROVR Total Lane Miles for Contract U2005-26 6.68 ,w. .o Monday,February 28,2005 3:54 PM Transportation and Public Works Page I of 1 Infrastructure Division s■