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Home My WebLink AboutContract 26309 CITY SECRETARY CONTRACT NO. SPECIFICATIONS AND - CONTRACT DOCUMENTS f FOR _ ! ► 1 t l) H/S :51QAI AT ALLIANCE AIRPORT FOR THE CITY OF FORT WORTH, TEXAS PROJECT NO. FILE NO. M218 D.O.E. NO. 3127 SEPTEMBER 2000 BOB TERRELL KENNETH BARR CITY MANAGER MAYOR LISA A. PYLES AIRPORT SYSTEMS DIRECTOR ti A. DOUGLAS RADEMAKER, P.E. G. DIRECTOR DEPARTMENT OF ENGINEERING ...° ° PREPARED BY: J A. .TON TUCKER ° , JR. �0 14470 :� C-C► Carter n Burgess ADEN CARTER & BURGESS, INC. ENGINEERS-PLANNERS-SURVEYORS -. - 3880 Hulen Street Fort Worth, Texas 76107 (817) 735-6000 C&B No. 010438.010 g i s City of Fort Worth, Texas "rayor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE i 10/17/00 **C-18302 30RUNWAY 1 of 2 SUBJECT CONTRACT WITH B-C COMPANY, INC. FOR RUNWAY GUARD LIGHTS AND SIGN IMPROVEMENTS AT ALLIANCE AIRPORT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with B-C Company, Inc. in the amount of $57,005.00 for runway guard lights and improvements at Alliance Airport. DISCUSSION: On August 1, 2000 (M&C G-12970), the City Council authorized the Aviation Department to advertise for the construction of improvements for necessary airfield rehabilitation (pavement rehabilitation, safety area improvements and runway guard lights) at Alliance Airport. This work was authorized subject to the availability and acceptance of a Federal Aviation Administration funding grant in the amount of $323,938.00. Existing land credits that remain from the original land donation for Alliance Airport in the amount of $35,993.00 will be utilized for the City's ten-percent in-kind local match requirement. An additional $205,281.45 will be used for pavement rehabilitation, grading and drainage improvement, which is to be explained in a separate Mayor and Council Communication. The two contracts for work under this grant total $262,286.45. The remaining $61,651.55 will be used for contingencies and change orders for both contracts. Alliance Airport Services will be responsible for the administration and inspection of the construction contract. All invoices will be reviewed by the Engineering Department for payment by the Aviation Department. The project was advertised for bid on September 7 and 14, 2000. On September 28, 2000, the following bids were received: BIDDERS AMOUNT B-C Company, Inc. $57,005.00 F&W Electrical Contractors $77,000.00 DEG Enterprises, Inc. $78,810.00 This project is located in COUNCIL DISTRICT 2. The low bidder, B-C Company, Inc. is in compliance with the City's DBE Program (USDOT/FAA Regulations) by committing to?2% DBE participation. The City's goal on this project is /o. 2900 Zpl 4, I City of Fort Worth, Texas 4vagor and couni"'I Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 **C-18302 30RUNWAYT 2 of 2 SUBJECT CONTRACT WITH B-C COMPANY, INC. FOR RUNWAY GUARD LIGHTS AND SIGN IMPROVEMENTS AT ALLIANCE AIRPORT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. MG:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) AS AM4LwZj.1 Mike Groomer 6140 APPROVED CST Originating Department Head: COUNCIL A.Douglas Rademaker 6157 (from) O C T 17 2000 GR76 539120 055218658010 $57,005.00 C �� Additional Information Contact: A..rwI A.Douglas Rademaker 6157 Cts F�° Qa �xaQ SPECIFICATIONS AND CONTRACT DOCUMENTS FOR RUNWAY GUARD LIGHTS AND SIGNS IMPROVEMENTS AT ALLIANCE AIRPORT FOR THE CITY OF FORT WORTH, TEXAS PROJECT NO. FILE NO. M218 D.O.E. NO. 3127 SEPTEMBER 2000 BOB TERRELL KENNETH BARR CITY MANAGER MAYOR LISA A. PYLES AIRPORT SYSTEMS DIRECTOR A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMENT OF ENGINEERING *5• " qs PREPARED BY: J MLTON TUCKER, JR, 14470 CQ�STER•. CZ Carter n Burgess CARTER& BURGESS, INC. ENGINEERS-PLANNERS-SURVEYORS 3880 Hulen Street Fort Worth, Texas 76107 (817) 735-6000 C&B No. 010438.010 Alliance Airport Runway Guard Lights and Signs Improvements Al Project No. 3-48-0296-1100 INDEX OF CONTRACT DOCUMENTS AND SPECIFICATIONS NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS DISADVANTAGED BUSINESS ENTERPRISE POLICY WAGE RATES PROPOSAL CONTRACT BONDS AND CERTIFICATES PART I - SPECIAL PROVISIONS PART II -WAGE, LABOR, EEO AND SAFETY REQUIREMENTS PART III - GENERAL PROVISIONS PART IV- TECHNICAL SPECIFICATIONS NOTICE TO BIDDERS Sealed :ro osals for the following: P P 9 RUNWAY GUARD LIGHT INSTALLATION AND RUNWAY SIGN MODIFICATION AT ALLIANCE AIRPORT FOR PROJECT NUMBER D.O.E. NO. 3127 FILE NO. M218 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the City of Fort Worth until 1:30 P.M., September 28. 2000, and then open and read aloud at 2:00 P.M. Contract Documents including Plans and Specifications for this project may be obtained at the office of the Transportation and Public works Department of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. A deposit of fifty dollars ($50.00) is required for the first set of documents and all additional sets may be purchased at the non- refundable price of fifty dollars ($50.00) per set. No pre-bid conference will be held for this project. Bidders are encouraged to submit the required D.B.E. documentation with their bid. However, it is not a mandatory requirement. For additional information contact Gopal Sahu, P.E. at (817) 871-7949 or Jose Soto, P.E. at (817) 735-6208. Rick rice, P.E. Manager of Consultant Services ADVERTISEMENT DATES: September 7. 2000 September 14, 2000 01043801.00a ITB-1 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: RUNWAY GUARD LIGHT INSTALLATION AND RUNWAY SIGN MODIFICATION AT ALLIANCE AIRPORT FOR PROJECT NUMBER D.O.E. NO. 3127 FILE NO. M218 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the City of Fort Worth until 1:30 P.M., September 28. 2000, and then publicly open and read aloud at 2:00 P.M. Contract Documents, including Plans and Specifications for this project, may be obtained at the office of the Transportation and Public works Department of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. A deposit of fifty dollars ($50.00) is required for the first set of documents and additional sets may be purchased at the non-refundable basis for fifty dollars ($50.00) per set. All bidders will be required to comply with provision 5159a of"Vernon's Civil Statutes" of the State of Texas with respect to payment of prevailing wage rates and City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in Accordance with Paragraph 1 of the Special Instructions to Bidders. In general, the work consists of the following: Runway guard light installation and runway sign modification in accordance with the plans and technical specifications. Work will include pavement trenching, installation of lights, transformers and bases, and installation of new PVC conduit and conductors. Work also includes installation of new runway sign legends and modules. The City reserves the right to reject any and/or all Bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids are opened. The award of contract, if made, will be within forty-nine (49) days after the opening of bids, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding that status of addenda may be obtained by contacting the Department of Engineering (817) 871-7910. No pre-bid conference will be held for this project. Jig 01043801.00e ITB-2 I Bidders are encouraged to submit the required DBE documentation with their bid. However, it is not a mandatory requirement. The Bidder (Proposer) must supply all the information required by the instructions to Bidders and the bid must be submitted on a form which substantially complies with the form provided by the City of Fort Worth. The successful bidder will be required to furnish a Performance Bond and Payment Bond, each in the full amount of the contract price, executed by a surety company or surety companies authorized to execute surety bonds under and in accordance with the laws of the State of Texas. All bidders and proposers shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, regulations of the Office of the Secretary of Transportation, to subcontract 20 percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBEs). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttable presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian-Pacific Americans and Asian-Indian Americans. The apparent successful bidder(proposer)will be required to submit information concerning the DBE's that will participate in this contract. The information will include the name and address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract). If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. For additional information, contact Gopal Sahu, P.E. at (817) 871-7949 or Jose Soto, P.E. at (817) 735-6208. BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY Department of Engineering ,Nr A2Duou;las Rademaker, ector e, P:Manager, Eineen�ng . nServices Advertising Dates: September 7. 2000 ,. September 14. 2000 Fort Worth, Texas 01043801.00a ITB-3 F Notice to Bidders Buy American -Steel and Manufactured Products for Construction Contracts (January 1991) I. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: A. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or(2) a manufactured product produced in the United States, if the cost of its _= components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (ll)(A) or(B) shall be treated as domestic. B. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. C. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. if. The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, Subcontractors, Materialmen, and Suppliers in the performance of this contract, except those - A. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonable available quantities and of a satisfactory quality; B. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or C. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. 01043801.00a NB-4 Alliance Airport Runway Guard Lights and Signs Improvements L Al Project No. 3-48-0296-1100 g INSTRUCTIONS TO BIDDERS Ili INSTRUCTIONS TO BIDDERS 1. Proposals for the construction of airport improvements at Alliance Airport will be received at the City of Fort Worth. Proposals shall be completed in ink or typewritten upon the blank form of the proposal. Proposals shall be enclosed in a sealed envelope, kendorsed and addressed as follows: Mr. Bob Terrell, City Manager City of Fort Worth Municipal Building 1000 Throckmorton Street Fort Worth, Texas 76102 RE: Runway Guard Lights and Signs Improvements at Alliance Airport Proposals that are electronically transmitted will not be accepted. 2. Receipt of all addenda issued shall be acknowledged by the Bidder in the space provided on the proposal form. Each addendum received shall be enclosed with the Proposal. 3. For the purpose of clarification, it is understood that the work to be done is being ilk financed in part by means of a grant from the United States of America acting through the Federal Aviation Administration. The Federal Aviation Administration will therefore require approval by their representatives of all contracts, attachments and similar documents, all partial and final payment estimates, all change orders and supplemental agreements. 4. The Bidder shall refer to Section 20 of the General Provisions, Proposal Requirements and Conditions for instructions on preparation of the Proposal. 5. All lump sum and unit prices shall be stated in both script and figures. 6. Previous Contracts. Section 60-1.7(b) of the Regulations of the Secretary of Labor requires each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract subject to the Equal Opportunity Clause; and if so, whether it has filed with the Joint Reporting Committee, the Director, and agency or the former President's Committee on Equal Employment Opportunity all reports due under the applicable filing requirements. In any case in which a bidder or prospective prime contractor or proposed subcontractor which participated in a previous contract subject to Executive Order 10925, 11114, or 11246 has not filed a report due under the applicable filing documents, no contract or subcontract shall be awarded t unless such contractor submits a report covering the delinquent period or such other period specified by the FAA or the Director, OFCCP. ja 01043801.008 ITB-1 i The Bidder must complete the statement about Previous Contracts included in the Proposal. 7. The Statement of Materials and Other Charges in the Proposal will be completed by the Contractor upon award of the Contract only if the Contractor desires a tax exemption certificate. 8. The Buy American Certificate must be completed by the Bidder and submitted with the Proposal. 9. This project is subject to the requirements of 49 CFR part 26 concerning the participation of disadvantaged business enterprises, and subject to Executive Order 11246 of September 24, 1965. As such, successful bidders are required to complete the DBE Utilization form and the DBE letter(s) of intent included in these documents. 10. The bidder shall sign the Trade Restriction Clause included in these documents. 11. The bidder shall sign the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. 12. 41 CFR Section 60-1.8 states that a Certification of Non-Segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The Certification of Nonsegregated Facilities included in these specifications must be completed by the Bidder and submitted with the Proposal. 13. The successful bidder entering into a contract for the work will be required to give the City of Fort Worth surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both 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 of Fort Worth. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Statutes of Texas, as amended. In order for a surety to be acceptable to the City of Fort Worth, the name of the surety shall be included on the current U.S. Treasury list (Circular 570) of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. 01043801.008 ITB-2 No sureties will be acceptable by the City of Fort Worth which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City of Fort Worth. Should any surety on the contract be determined unsatisfactory at any time by the City of Fort Worth, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City of Fort Worth. 14. It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine the site of all ambient conditions which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed in order that proper consideration may be given to these details during the preparation of the Proposal and any unusual conditions which may give rise to later contingencies that might be brought to the attention of the Owner prior to the time of the submission of the Proposal. 15. Any questions arising during the advertising period as to meaning or intent of the specifications will be answered by an addendum prepared by the Engineer. Addenda will be provided to those prospective Bidders who have placed a deposit and who have been furnished with bidding documents and plans. All addenda issued shall become a part of the contract documents. 16. Contractor's Liability Insurance Requirements. The bidder shall provide with the Proposal a listing of both automobile and personal liability insurance coverage currently in force, along with a copy of a Certificate of Insurance as verification of that coverage. See Part I - Special Provisions for additional information. 01043801.00a ITB-3 City of Fort Worth Disadvantage Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the DBE goal is applicable. If the total dollar value of the contract is less than $25,000,the DBE goal is not applicable. POLICY STATEMENT The City of Fort Worth has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Fort Worth has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the City of Fort Worth has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Fort Worth to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT- assisted contracts. It is also our policy: To ensure nondiscrimination in the award and administration of DOT-assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT-assisted contracts; and To assist the development of firms that can compete successfully in the market place outside the DBE Program. All requirements and regulations stated in the City's current Disadvantage Business Enterprise program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is 2,0 %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 DBE Program by either of the following: 1. Meet or exceed the above stated DBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. 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. DBE Utilization Form, if goal is received by 5:00 p.m.,five (5) City business days after the met or exceeded bid opening date,exclusive of the bid opening date. 2. Good Faith Effort Form and DBE received by 5:00 p.m.,five (5) City business days after the Utilization Form, if participation is bid opening date, exclusive of the bid opening date. less than stated goal 3. Good Faith Effort Form if no DBE received by 5:00 p.m.,five (5) City business days after the participation bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m., five(5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. now, Any questions,please contact the DBE Office at(817)871-6104. 07/14/00 �rT �� ATTACHMENT 1A ' Page 1 of Z City of Fort VkA d�Ei�tN�/C F w Disadvantage Business En �r6'.e Specifications ' DBE UTILIZATION fln 8 31 B-C COMPANY 9-28-00 PRIME_Cp_I� YNY( �1 M LIGHTS & SIGN IMP. AT ALLIANCE BID DATE AIP #3-48-02961100 PROJECT NAME GGUUAX PROJECT NUMBER CITY'S DOE PROJECT GOAL: o DOE PERCENTAGE ACHIEVED: Ig Old Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department i' on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the DBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount -- Address,and Telephone No. Scope of Work r) Supplied(') U05 is W ad I'_ X �+ H U s Z ~x AIRPORT LIGHTING SYSTEA S N - 1315 BROOKSIDE DR. ST.1 41RFIELD LIGHTING 1st a o� 6 ORST, TY.9�'l>5T - �; FIXTURES ZSI O OO '— DBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. (") Specify all areas in which DBE's are to be utilized and/or items to be supplied: (') A complete listing of items to be supplied is required in order to receive credit toward the DBE goal. (")Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,Le.,a direct payment from the prime contractor to a subcontractor is considered 1"tier,a payment by a subcontractor to its supplier is considered 2n°tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5) CITY BUSINESS DAYS AFTER BID OPENING,EXCLUSIVE OF THE BID OPENING DATE Rev.6121E ATTACHMENT Page 2 - City of Fort Worth Disadvantage Business Enterprise Specifications DBE UTILIZATION Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(') Supplied(') r;- u �- o° ad Z The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarc. actual work performed by all subcontractors, including DBE(s) arrangements submitted with this bid. The bidder a s agrees to allow an audit and/or examination of any books, records and files held by their company that will substan'�: the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. A.-.-I intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment f-=n City work for a period of not less than three (3) years and for initiating action under Federal, State or Local kK: concern i g false statements. Any failure to comply with this ordinance and creates a material breach of contract r z result in determination of an irresponsible offeror and barred from participating in City work for a period of time -c less tha one (1)year. 1 L s MU T BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD KEITH BARTHOLOMEW Autho ized Signature Printed Signature PRESIDENT RUNWAY GUARD LIGHTS & SIGN IMP. AT ALLIANCE Title Contact Name and Title (if different) B-C COMPANY 817-236-6000 Company Name Telephone Number (s) P.O. BOX 136729 817-236-3000 Address Fax Number FORT WORTH, TX 76136 10/3/00 City/State/Zip Code Date 4 THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,.FIVE (5) CITY BUSINESS DAYS AFTER BIC OPENING,EXCLUSIVE OF THE BID OPENING DATE Rev. __ General Decision Number TX000045 Superseded General Decision No. TX990045 State : TEXAS Construction Type : HEAVY HIGHWAY County(ies) : COLLIN GRAYSON ROCKWALL DALLAS JOHNSON TARRANT DENTON KAUFMAN WICHITA ELLIS PARKER HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES Modification Number Publication Date 0 02/11/2000 TX000045 - 1 02/11/2000 COUNTY(i e s) COLLIN GRAYSON ROCKWALL DALLAS JOHNSON TARRANT DENTON KAUFMAN WICHITA ELLIS PARKER SUTX2043A 03/26/1998 Rates Fringes AIR TOOL OPERATOR $ 9 . 00 ASPHALT RAKER 9 . 55 ASPHALT SHOVELER 8 . 80 BATCHING PLANT WEIGHER 11 . 51 CARPENTER 10 .30 CONCRETE FINISHER-PAVING 10 . 50 CONCRETE FINISHER-STRUCTURES 9. 83 CONCRETE RUBBER 8 . 84 ELECTRICIAN 15 .37 FLAGGER 7 .55 FORM BUILDER-STRUCTURES 9 . 82 FORM LINER-PAVING & CURB 9. 00 FORM SETTER-PAVING & CURB 9 .24 FORM SETTER-STRUCTURES 9 . 09 LABORER-COMMON 7 .32 LABORER-UTILITY 8 . 94 MECHANIC 12 . 68 OILER 10 .17 SERVICER 9 .41 PAINTER-STRUCTURES 11 . 00 PIPE LAYER 8 . 98 BLASTER 11 . 50 ASPHALT DISTRIBUTOR OPERATOR 10 .29 ASPHALT PAVING MACHINE 10 .30 BROOM OR SWEEPER OPERATOR 8 . 72 BULLDOZER 10 . 74 CONCRETE CURING MACHINE 9.25 CONCRETE FINISHING MACHINE 11 .13 CONCRETE PAVING JOINT MACHINE 10 .42 CONCRETE PAVING JOINT SEALER 9 . 00 CONCRETE PAVING SAW 10 .39 CONCRETE PAVING SPREADER 10 .50 SLIPFORM MACHINE OPERATOR 9 . 92 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 11 . 04 FOUNDATION DRILL OPERATOR TX000045 - 2 02/11/2000 CRAWLER MOUNTED 10 . 00 ° FOUNDATION DRILL OPERATOR TRUCK MOUNTED 11 . 83 FRONT END LOADER 9 . 96 MILLING MACHINE OPERATOR 8 . 62 MIXER 10 .30 MOTOR GRADER OPERATOR FINE GRADE 11 . 97 MOTOR GRADE OPERATOR 10 . 96 PAVEMENT MARKING MACHINE 7 .32 ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS 9 . 06 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 8 . 59 ROLLER, PNEUMATIC, SELF-PROPELLED 8 .48 SCRAPER 9 . 63 TRACTOR-CRAWLER TYPE 10 . 58 TRACTOR-PNEUMATIC 9 . 15 TRAVELING MIXER 8 . 83 WAGON-DRILL, BORING MACHINE 12 . 00 REINFORCING STEEL SETTER PAVING 13 . 21 REINFORCING STEEL SETTER STRUCTURES 13 .31 STEEL WORKER-STRUCTURAL 14 . 80 SPREADER BOX OPERATOR 10. 00 WORK ZONE BARRICADE 7 . 32 TRUCK DRIVER-SINGLE AXLE LIGHT 8 . 965 TRUCK DRIVER-SINGLE AXLE HEAVY 9 . 02 TRUCK DRIVER-TANDEM AXLE SEMI TRAILER 8 . 77 TRUCK DRIVER-LOWBOY/FLOAT 10 .44 TRUCK DRIVER-TRANSIT MIX 9 .47 TRUCK DRIVER-WINCH 9 . 00 VIBRATOR OPERATOR-HAND TYPE 7 .32 WELDER 11.57 ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFRt5 . 5 (a) 1 (ii) ) WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) TX000045 - 3 02/11/2000 ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2 . ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8303-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Number P N R By: TITLE 311,2 o4 DATE STATE OF TEXAS S COUNTY OF TARRANT S BEFORE--ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is i4scribed to the foregoing instrument) and acknowledged to me that be executed the same as the act and deed of `y` for the purposes and onsideration therein expressed and*in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 6 ,., No Public in d for the State of Texas Normy t* '��4 nr J%%X ` �h, Te pp �� •�`�2M1 PROPOSAL-20 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out of state) contractors whose corporate offices or principal place of business are outside of the State of Texas, bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out of state or nonresident bidders in order for your bid to meet specifications. The failure of out of state or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give state), our principal place of business, are required to be •. percent lower than resident bidders by state law. A copy of the statue is attached. Nonresident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. , BIDDER: l,. COM pt4 �l l � Oil L By:IL 1►� lX1�T�1 ally rY1�vJ e e Tint) p.y gam 115417-4 Signatur f'oyx Ua , y `� (v ►310 Title: � 5►p •tT City State Zip I Phone: 3 0—Z3 6 —(e OO THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL PROPOSAL-21 PROPOSAL TO: Mr. Bob Terrell, City Manager City of Fort Worth FOR: Runway Guard Lights and Signs Improvements at Alliance Airport Al Project No. 3-48-0296-1100 BY: Name of Bidder 16- C- C-byv%j24M!� C.-, Address P.D. P,�� 1`5 -11A K-091%\ _-CNc -1 to Q Telephone ?5v1--?-36-(P000 Hereinafter called Bidder, a corporation or busine�s s organized and existing under the laws of the State of Texas doing business as P3-� Cpm Gentlemen: Pursuant to the foregoing Instructions to Bidders, the undersigned bidder having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all the conditions surrounding the construction of the project hereby proposes to furnish all necessary superintendence, labor, machinery, equipment, tools, materials and supplies to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Owner and Engineer, and binds himself on acceptance of this proposal by the Owner to execute a contract and furnish performance and payment bonds approved by the City of Fort Worth, Texas for performing and completing the said work within the time set forth and at the prices stated below, to wit: PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 1. 2,150 L.F. #8 AWG Underground Lighting Cable, Installed in Conduit, complete in place for the sum of I\A® Dollars & n ..►c R Cents per Linear Footl$ ' Cl 0 $ vl ® 01043801.00a P-1 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 2. 250 L.F. #8 AWG Bare Counterpoise Wire, Installed in Trench for the sum of o Dollars & Cents per Linear Foot $ a 3. 250 L.F. 2" PVC Conduit, Installed in Shoulder Paving, Complete with Trenching and Paving repair, complete in place for the sum of Dollars & k\�-0 Cents per Linear Foot $ $ 4. 17 EA. Furnish and Install L-804, Runway Guard Light with Transformer on Existing Base � V L Dollars & c_ �J Cents per Each $ $ 5. 11 EA. Furnish and Install L-804, Runway Guard Light, Transformer and Base, complete in place for the sum of �►vim 1�a�S�I�D �tsiw� �J�P�� 1�► �_-r c A-1 Dollars & 9z' Cents per Each $ 6. 5 EA. Furnish and Install Two Module Runway Sign Legend, complete in place for the sum of Dollars & Cents per Each $ 01043801.00a P-2 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 7. 1 EA. Furnish and Install Three Module Runway Sign Legend on Existing Sign, complete in place for the sum of ff Dollars & ty1� Cents per Each $ 8. 1 EA. Furnish and Install Crouse Hinds, AGS, L- 858, 5 Step, 3 Module, Size 3 Sign Complete with Transformer on Existing 2 Module Foundation with new Foundation Extension, complete in place for the sum of �-�C) Dollars & 1�J Cents per Each $ Z-700 s � ` 9. 3 EA. Furnish and install Crouse Hinds, AGS, L- 858, 5 Step, 4 Module, Size 3 Sign Complete with Transformer on Existing 3 Module Foundation with new Foundation Extension, complete in place for the sum of �►kc�IAA Dollars & Cents per Each $ 338o I0 14� TOTAL $ 00 01043801.00a P-3 The Bidder shall write out each bid total in words on the lines provided below. T Total Bid t'��1- �`-�► * In case of discrepancy the amount shown in words shall govern. STATEMENT OF MATERIALS AND OTHER CHARGES o� MATERIAL INCORPORATED INTO THE PROJECT: $ 3S�(D" ALL OTHER CHARGES: $ 31 s o0 *TOTAL: $ S`I J o *This total must agree with the total figure shown in the Proposal for the Total Bid. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for here in will be no less than the invoice price for such material to the Contractor. 01043801.00a P-4 Complete the following statements by checking the appropriate space. The Bidder(Proposer) has has not participated in a previous contract subject to the Equal Opportunity Clause prescribed by Executive Order 109225, or Executive Order 11114, or Executive Order 11246. The Bidder (Proposer) has—,,/-- has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the Bidder(Proposer) has participated in a previous contract subject to the Equal Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the Bidder (Proposer) shall submit a compliance report on Standard form 100 "Employee Information Report EEO - 1" prior to the award of this contract. Standard form 100 is normally furnished to contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the Joint Reporting Committee, 1800 G Street, Washington, DC, 20506. The Bidder assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency is either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited of the terms of City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13- A-21 through 13-A-29), prohibiting discrimination in employment practices. Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project within 30 calendar days. Bidder further agrees to pay liquidated damages in the sum of$500 for each consecutive calendar day to complete the work beyond the allotted time or as extended by an approved Change Order. T The Bidder also agrees to pay not less than the "Prevailing Wage Rates for Highway Construction" as established by the City of Fort Worth and not less than the wage rates stated in General Wage Decision No. TX 000045 And not less than the wage rates stated in General Wage Decision No. TX 000045 Issued by the U. S. Department of Labor. The Bidder understands that the Owner reserves the right to reject any and all bids and to waive any informalities in the bidding. The Bidder agrees this bid shall be good and may not be withdrawn for a period of 49 days after the scheduled closing time for receiving bids. Within ten (10) days of receipt of the written "Notice of Award", the bidder will execute the formal contract agreement and deliver a surety bond or bonds as required under the contract documents. The bid security attached in the sum of�wc�rJV-t�'�Ni'�C/✓�o► o hTLi Dollars ($ ZQ 1 9 ) is to become the property of The City of Fort Worth in the event the contract is not executed as set forth in the contract documents as liquidated damages for the delay and additional expense caused thereby. 01043801.00a P-5 7 Respectfully Submitted, By: (Type or print name) Title: S' �� ►t Address: �.�. a a,- y34]2Z9 173( Date: �tys+oo Receipt is hereby acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Addendum No. 5 01043801.00a P-6 r,. Alliance Airport Runway Guard Lights and Signs Improvements Al Project No. 3-48-0296-1100 CONTRACT CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT OCT 17 2000 This agreement made and entered into this the day of A.D., 2000, 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 I Ph 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, B-C COMPANY, 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: RUNWAY GUARD LIGHTS AND SIGN IMPROVEMENTS AT ALLIANCE AIRPORT 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 E�NEa Cho W ) ' �� the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 30 calendar 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 $500.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or emplot-ees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient sur bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to Gl,G ' r °,, U � araao 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. 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 �r .Y-SEY'Er.THOUSAND F1 v E AND NQ/100...................Dollars,($57,0055.00). 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 6 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 6 counterparts with its corporate seal attached. Done in Fort Worth, Texas,this th _day of A.D.,2000. RECOMMENDED: CITY OF FORT WORTH BY: DIRECTOR, DEPARTMENT OF CITY MANAGER ENGINEERING P ED: Pa2-7 S&7 5 D CTOR ATTEST: B-C COMPANY,INC. PO BOX 136729 FORT WORTH,TX 76136 . CONTRACTOR aa5-f,�o A CITY SECRETARY (SEAL) BY: Contract Authorization TITLE Cate � ) APPROVED AS TO FORM AND P', )'I'V LEGALITY: ADDRESS -7 tp 13pa V , TY ORNF,Y �L .. November 1960 Revised May 1986 Revised September 1992 0FRINAk VIEW D CU11�N(uM °PY FT. fg. Alliance Airport Runway Guard Lights and Signs Improvements Al Project No. 3-48-0296-1100 BONDS AND CERTIFICATES PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) B-C COMPANY, INC. a(2) CORPORATION of TEXAS, hereinafter call Principal, and (3)Far West Insurance Company a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth,a municipal corporation organized and existing under the laws of the State of Texas,hereinafter called Owner,in the penal sum of: FIFTY-SEVEN THOUSAND FIVE AND NO/100................... ($57,005.00)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for the payment of which sum well and truly be made,we hereby bind ourselves,our heirs,executors,administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS of. OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the _of , 2000 a copy of which is hereto attached and made a part hereof,for the construction of OCT 17 2000 RUNWAY GUARD LIGHTS AND SIGN IMPROVEMENTS AT ALLIANCE AIRPORT designated as Project No. (s) PE40-0552001, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well,truly, and faithfully perform the work in accordance with the plans,specifications,and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER,that the said Surety,for value received,hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF,this instrument is executed in 6 counterparts each one of which shall be deemed an original,this the of 2nnn. - ATTEST: `OCT 17 2000 B-C CO ANY INC. (Principal)Secretary \PSI IP 4) • BY: Title: Z�<� •.,� (SEAL) PO BOX 136729 FORT WORTH,TX 76136 (Address) Far West Insurance Company Vitnei as to Principal e .0. Box 136729 t Worth, Address TX 7 3 By; (Attorney-in-fact)(5) ck M. Crowley P.O. Box 429 (Surety)Secretary Arlington, TX 76004-0429 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney r ' shall be attached to Bond by Attorney-in-Fact.. Witness as to Surety 202 E. Border, Arlington, TX 76010 (Address) I LIMITED POWER OF ATTORNEY Amwest Suretv Insurance comQanv Far West Insurance company wer Expires:03/30/02 Bond No.: 4115001916 Bond Issue Date: POWER NUMBER 0001122936 This document is printed on white paper containing the artificial watermarked logo( J% )of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA')are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company and Far West Insurance Company(collectively the"Company")shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (972)248-3232 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation and Far West Insurance Company,a Nebraska corporation :ollectively the"Company"),do hereby make,constitute and appoint: ick M.Crowley itricia A.Smith i Employees of Coble-Cravens,Inc. s true and lawful Attomey-in-fact,with limited power and authority for and on behalf of the Company as surety to execute,deliver and affix the seal of the company thereto a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Act or other performance bond or other written obligations as follows: Bid Bonds up to$1,000,000.00 Contract,Court&Subdivision Bonds up to$2,500,000.00 License and Permit Bonds up to$50,000.00 Miscellaneous Bonds Up To$25,000.00 Small Business Admistration Bonds up to$250,000.00 id to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company,which are now in full force and effect. the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY ERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors of both Amwest arety Insurance Company and Far West Insurance Company set forth on this Power of Attorney,and that the relevant provisions of the By-Laws of each company,are now full force and effect. Karen G.Cohen;Secretary * " • " � � � � � � � ' � � RESOLUTIONS OF THE BOARD OF DIRECTORS • • • • • • • • • • • • • • • • • • • • • • • • • • • his POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company a meeting duly held on December 15,1975 and Far West Insurance Company at a meeting duly held on July 28,1983: RESOLVED,that the President or any Vice President,in conjunction with the Secretary or any Assistant Secretary,may appoint attomeys-in-fact or agents with ithority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company,to execute and deliver and affix the seal of the ompany to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attomey-in-fact or agent and revoke any POA -eviously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attomey-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required)by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof ithorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall ave the same force and effect as though manually affixed. 4 WITNESS WHEREOF,Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers,and its nporate seals to be hereunto affixed this 17'h day ,anuary,200087 0� V��4 John E.Savage,President Karen G.Cohen,Secretary tate of California ounty of Los Angeles On January 17,2000 before me,JoAnne Anderson Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or proved to me n the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the arae in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, .cuted the instrument. WITNESS my hand and ficial seal. JOANNE E. ANDER&ON Comm.#1152456 r(k �y IN8(jjrj"., V...A -CALIFORNIA Signature (SealNOTARY PUBLIC `0i ' � GPPOgN'' _ o cMa Loc Anpdos Countyv � k m<=Co.i= F;0 y, My Comm. Expires Aug.21,2002 > DEC.14, � 01E1uDECK ?O n: Z 1995 ?0;;7+, 1995 1 5230 Las Virgenes Road Calabasas,CA 91302 TEL 818 871-2000 PAYMENT BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) B-C COMPANY, INC. a (2) Corp• of Tarrant County, hereinafter called Principal, and (3) Far West Insurance Insurance a -?R-ion organized and existing under the laws of the State N$ and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, funis, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of FIFTY-SEVEN THOUSAND FIVE AND N0/100................... ($57,005.00)Dollars in lawful money of the United States, to be paid in Fort Worth,Tarrant County,Texas, for the payment of which sum will and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly to these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner, dated the_d2000 2000, a copy of which is hereto d attached and made a part thereof,for the consideration of:: RUNWAY GUARD LIGHTS AND SIGN IMPROVEMENTS AT ALLIANCE AIRPORT designated as Project No. (s)PE40-0552001,a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Chapter 2253,Texas Government Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. 1`10 THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Chapter 2253, and all such claimants shall have a direct right of action under the bond as provided in Chapter 2253, Texas Government Code. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County, Texas, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 6 P-Quntemarts each one of which shall be deemed an original,this the_day of A.D.,2000. OCT 17 2000 B-C M Y C. EST: � _ L v BY: Titles (Principal) Secretary PO BOX 136729 FORT WORTH,TX 76136 (SEAL) (Address) r a,k Far We nsu ante Company Wit a t rincipal Surety P.O. Box 397 9 BY: Fort Worth, TX 76136 (Alto ey-in-fact)(5)J M. ley Address P.O. B 29, Arlington, TIC 76004—Un;. (Address) 16 (Surety)Secretary (Address) (SEAL) NOTE: Date of Bond must not be prior to date of contract (1) Correct Dame of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. OP Witness ito�SuC4 202 E. Border, Arlington, TX 76010 i LIMITED POWER OF ATTORNEY Amwest Suretv Insurance Companv Far West Insurance Company wer Expires:03/30/02 Bond No.: 4115001916 Bond Issue Date: POWER NUMBER 0001122936 This document is printed on white paper containing the artificial watermarked logo( A )of Amwest Surety Insurance Company on the front and brown security paper -on the back. Only unaltered originals of the Limited Power of Attorney ("POA' are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company and Far West Insurance Company(collectively the"Company")shall not be liable on any limited POA which is ILfraudulently produced,forged or otherwise distributed without the pemtission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (972)248-3232 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation and Far West Insurance Company,a Nebraska corporation (collectively the"Company'),do hereby make,constitute and appoint: Jack M.Crowley tricia A.Smith s Employees of Coble-Cravens,Inc. its true and lawful Attomey-in-fact,with limited power and authority for and on behalf of the Company as surety to execute,deliver and affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Act or other performance bond or other written obligations as follows: Bid Bonds up to$1,000,000.00 Contract,Court&Subdivision Bonds up to$2,500,000.00 License and Permit Bonds up to$50,000.00 Miscellaneous Bonds Up To$259000.00 Small Business Admistration Bonds up to$250,000.00 nd to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company,which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company,a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY ERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors of both Amwest Erjurety Insurance Company and Far West Insurance Company set forth on this Power of Attorney,and that the relevant provisions of the By-Laws of each company,are now I.,n full force and effect. 110, 4/.0,/ez6ve- Karen G.Cohen,Secretary ` • * • * • • • • • • • ` • ` • RESOLUTIONS OF THE BOARD OF DIRECTORS • ` • • • • * • • * * • + • ' • • • * * * * * * * * * A'his POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15,1975 and Far West Insurance Company at a meeting duly held on July 28,1983: _� RESOLVED,that the President or any Vice President,in conjunction with the Secretary or any Assistant Secretary,may appoint attorneys-in-fact or agents with ,uthority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company,to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required)by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IPN WITNESS WHEREOF,Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its orporate seals to be hereunto affixed this 17's da 1�04anuary,2000y V45�:� John E.Savage,Presidefit Karen G.Cohen,Secretary ;tate of California County of Los Angeles On January 17,2000 before me,JoAnne Anderson Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or proved to me ion the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/shc/they executed the ame in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, .xecuted the instrument. _ WITNESS my hand and ficial seal. W4a, ,JOANNE E. ANDERSON Comm.#1192456 rA 3 �1......._..R 5...........4/ C NOTARY PUBLIC•CALIFORNIA Or J'\ :6 O0 �' Signature (Seal Lot Angeles County `P Q:'C' q •'�,i a A."(J� 9) 5a — o e ason oury c ) Jit rn. ; R4(1; y Comm. Expires Aug.21,2002 DEG14, �ur.j- pEQ% '310i 1995 s 0'F 3:' 1905 JV c ��ZF®RAS1 aay�i t 'r 'ar > � A �5a. 5230 Las Virgenes Road Calabasas,CA 91302 TEL 818 871-2000 L OCT-02-2000 1'''-15 817 794 1650 blY L=Z)U r.,uff-IUi ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE FiiCO1 109 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Coble-Cravats Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 202 a. Nordsr, suits 201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. sox 479 INSURERS APPORGING COVERAGE RssuRm X-C Coss &WJ Inc. i I rNsuRLR A: ax�eTe+nu arnE>e atg �� __ - Keith Bartholmew I^IrnuReR e: V"TnylmQ *TOZ TATA en Box 136779 ;NliUPSR Ci TZZU 10021MI S ININI+MATTOJI[_NS_ JPort Worth, TX 76136 !ksUAGR 0: ,a 1 !IN6UREF)d: COVEmm THE POLJCIES OF INSURANCE LISTED BELOW HAVE OEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PORIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH Rl PI=TO WHICH THIS CERTIFICATE MAY BE 15r.UED OR MAY PERTAIN,THE INSURANCE AFF13RDED 13Y THE POLICIES DESCRY 4111EIN iE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSRTYPE OF NSURAIICE POLICY NUMBER I LFEOTIV6 I P'OI.IOYF7NIIA N ILIMITS A UAMTY a A,P33e700704 104/13/3000 04/15/2001 EACH OCCURRENCE s COMMVII:AL OtNERAI UA6R.fTY I FIRE DAiA (AnV W Atp 16 CWMEMADE OCCUR �rRr QCtF A ar»Prwn t rtes ce>tro non rP111109AL&ADV INdueY c D,4OQ0.0. (DENERAL AGGREGATE I I I ' OWL AGGREGATE LIMIT APR IE PER. MOmrs•CCMF'0F AM 0 'POLICY PRO,IWT 7 LOC 1 $ I�ALlTOMOE0.EIL6RITY CBiICt01020 04/15/2000 04/15/2001 C061SNMGIWAIUMIT z J AKTAUTD .66 1 ALL OWN"AUTO$ r I BODILY LNJUIIY I 6CHEOLLM AUTO$ i aY WW) I0 ALITOR 1 I BODILY IUURY I �.,.. nOn-0vrNlD0kUT0; — PROPERTY UMA436 i I owaccidum) 6ARAGQ LIABILITY ! d I AUTO ONLY-FA ACCIDENT t _ I A . ANYAUTO j r OTHERTY�ry MACC I ` AUTO ONLY- A42 I mum"LIAMLITY ;EACH DCCURRENCE I OCCUR I _j CLAIMiMADTi I AOOR1i4ATE v 1_ f ' DEOLICTIOI.E i A RETENTION C ;woREELiGVMPLAN6AT10MAlO Soloelois14o20f 12/18/1999 (19/18j3000 I oRvu'IA;Ts i ER : EMPLOYEES'LIABILITY II E.L.EACH ACODENT s _ i E.L.DISEASE•EA E)MPI,OyIE + i•L.0166A66-POUCY OMIT t OTm f MORIPMON OF OPaATgNiROQATIORLVEIIICLE9/OtQU6101r ADOW BY E-4000DAERTIlP6tULL FROV OW4 Projects Runway Guard Lights i. Sign MWrovemsaCs s Alliance Airport CERTIFICATE HOLDER 77AvorfQmL ;Ixwm LrrrER: CANCELLATION SHOULD ANY OF THE A60VI DUCRIEED POUC166 6E CANCIUSO 81111001117146 E%FlW.ON Crn or YOAT WORTH DATE rNEISOP.THE 166W1G 06UMR W61 MDCAVOR TO MAIL i Q DAYS WRITTEN 1000 Tim 1 11 Irl V)!s NOTICE TO THE CERRMCATE NOLOOE NAMIC TO THE LEFT.SPIT PMA M TO DO 60 6NALL FORT NORT$, Tx 76102 MPOSE AIO OR LGrLRV OF UPON lNE4MR.ITE AOE11T6 011 R6PREEE A AIRNORI?7D �Zjkplrvot' ___lr_i ACORD 26-6(7/971 °ACORD CORPORATION 1888 TOTAL. P.02 BUY AMERICAN CERTIFICATE (JAN 1991) By submitting a bid/proposal under this solicitation, except for those items listed by the Offer or below or on a separate and clearly identified attachment to this bid/proposal, the offer or certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products or Buy American - Steel and Manufactured products For Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Attached is a list of articles, materials, and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN NONE C 1 JtJ B►^'��tTE O T� fieri Ov- 7r, P-T13 ID,-Jla o _I �!�,�tt, �10.t�-Z•to ww,�rJ� t��D�NT w BAC-1 List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) Acetylene, black Cover glass, microscope slide Agar, bulk Cryolite, natural Anise Dammar gum Antimony, as metal or oxide Diamonds, industrial, stones and Asbestos, amosite, chrysolite and abrasives crodidolite Emetine, bulk Bananas Ergot, crude Bauxite Erthrityl tetranitrate Beef, corned and canned Fair linen, altar Beef extract Fibers of the following types: Bephenium Hydroxynapthoate abaca, abace, agave, coir, flax, Bismuth jute,jute burlaps, palmyra and sisal Books, trade, text, Goat and kidskins technical, scientific; Graphite, natural, crystalline newspapers; pamphlets; crucible grade magazines; periodicals; Handsewing needles printed briefs and films; Hemp yarn not printed in the United States Hog bristles for brushes and for which domestic editions Hyoscine, bulk are not available Ipecac, root Brazil nuts, unroasted Iodine, crude Cadmium, ores and flue dust Kaurigum Calcium cyanamide Lac Capers Leather, sheepskin, hair type Cashew nuts Lavender oil Castor beans and castor oil Manganese Chalk, English Menthol, natural bulk Chestnuts Mica Chicle Microprocessor chips (brought onto a Chrome ore or chromite construction site as separate units Cinchone bark for incorporation into building Cobalt, in cathodes, systems during construction or repair rondelles, or other primary and alteration of real property) ore and metal forms Nickel, primary, in ingots, pigs, shots, Cocoa beans cathodes or similar forms; nickel oxide Coconut and coconut meat, and nickel salts unsweetened, in shredded, Nitroguanidine (also known as picrite) desiccated or similarly Nux vomica, crude prepared form Oiticica oil Coffee, raw or green bean Olive oil Colchicine alkaloid, raw Olives (green), pitted or unpitted, or stuffed, Copra in bulk Cork, wood or bark and waste Opium, crude BAC-1 List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) CONTINUED Oranges, mandarin, canned Spices and herbs, bulk Petroleum, crude oil, unfinished oils, and Sugars, raw finished products (see definitions below) Swords and scabbards Pine needle oil Talc, block, steatite Platinum and related group metals, Tantalum refined, as sponge, powder, ingots, Tapioca flour and cassava or cast bars Tartar, crude; tartaric acid Pyrethrum flowers and cream of tartar in bulk Quartz crystals Tea in bulk Quebracho Thread, metallic (gold) Quinidine Thyme oil Quinine Tin in bars, blocks and pigs Rabbit fur felt Triprolidine hydrochloride Radium salts, source and Tungsten special nuclear materials Vanilla beans Rosettes Venom, cobra Rubber, crude and latex Wax, canauba Rutile Woods; logs, veneer, and lumber Santonin, crude of the following species: Alaskan Secretin yellow cedar, angelique, balsa, Shellac ekki, greenhart, lignum vitae, Silk, raw and unmanufactured mahogany and teak Spare and replacement parts for Yarn, 50 Denier rayon equipment of foreign manufacture, and for which domestic parts are not available List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) CONTINUED Petroleum terms are used as follows: "Crude Oil" means crude petroleum, as it is produced at the wellhead, and liquids (under atmospheric conditions)that have been recovered from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and that are not natural gas products. "Finished products" means any one or more of the following petroleum oils, or a mixture of combination of these oils, to be used without further processing except blending by mechanical means: BAC-2 "Finished products" means any one or more of the following petroleum oils, or a mixture of combination of these oils, to be used without further processing except blending by mechanical means: (A) "Asphalt' - a solid or semi-solid cementitious material that (1) gradually liquefies when heated, (2) has bitumens as its predominating constituents, and (3) is obtained in refining crude oil. (B) "Fuel oil' - a liquid or liquefiable petroleum product burned or lighting or for the generation of heat or power and derived directly or indirectly from crude oils, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil or residues. (C) "Gasoline" - a refined petroleum distillate that, by its consumption, is suitable for use as a carburant in internal combustion engines. (D) "Jet fuel' -a refined petroleum distillate used to fuel jet propulsion engines. (E) "Liquified gases" - hydrocarbon gases recovered from natural gas or produced form petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures. (F) "Lubricating oil' - a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces. (G) "Naphtha" - a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes. (H) "Natural gas products" - liquids (under atmospheric conditions) including natural gasoline, that (1) are recovered by a process of absorption , adsorption, compression, refrigeration, cycling, or a combination of these processes, form mixtures oh hydrocarbons that existed in a vaporous phase in a reservoir, and (2) when recovered and without processing in a refinery, definitions of products contained in subdivisions (B), (C), and (G) above. (1) "Residual fuel oil' - a topped crude oil or viscous residuum that, as obtained in refining or after blending with other fuel oil, meets or is the equivalent of MILSPEC Mil-F-859 for Navy Special Fuel Oil and any more viscous fuel oil, such as No. 5 or Bunker C. "Unfinished oils" means one or more of the petroleum oils listed under"Finished products" above, or a mixture or combination of these oils, that are to be further processed other than by blending by mechanical means. BAC-3 TRADE RESTRICTION CLAUSE 49 CFR PART 30 The Contractor by submission of an offer and or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product or subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contact shall be awarded to a Contractor of Subcontractor who is unable to certify the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Owner cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Contractor may rely on the certification of a prospective Subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Owner if the Contractor learns that its certification or that of a Subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subcontractor agrees to provide written notice to the Contractor if at any time it learns that its certification has become erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance as placed when making the award. If it is later determined that the Contractor or Subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the forgoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. By: Q �� b Title: S y Address: 1� &Y- 131,`�Zg (-z- aIJ 7 G13(a X10 Date: Z,91 �� CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION 49 CFR PART 29 The Bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. By: 1/ Title: ? s►VC Address: P-3, &ot t3L�ZQ �'3 c-TWOgT T�- -7 G i;3(o Date: 1�,-ud 00 CERTIFICATION OF NONSEGREGATED FACILITIES 41 CFR 60-1.8 The Federally Assisted construction Contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction Contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certification in his files. By: Title: �(LES�oET Address: 9-3NO _ a 07- 1-V?,-TO,`r -76V5 Date: '0 Alliance Airport Runway Guard Lights and Signs Improvements Al Project No. 3-48-0296-1100 PART I -SPECIAL PROVISIONS PART SPECIAL PROVISIONS 1. General Scope. It is the intent that the work included in the contract shall include runway guard light installation and runway sign modification, complete and in place, as shown on the construction plans. 2. Amount of Liquidated Damages. The amount of liquidated damages determined in accordance with Section 80-08 "Failure to Complete On Time" shall be $500.00 per calendar day. 3. Warran,ly of Construction. In addition to any other warranties set out elsewhere in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect of equipment, material or design furnished, or workmanship performed by the Contractor or any of his Subcontractors or Suppliers at any tier. Such warranty shall continue for a period of one year from the date of final acceptance of the work, but with respect to any part of the work which warranty shall continue for a period of one year from the date City of Fort Worth takes possession. Under this warranty, the Contractor shall remedy at own expense any such failure to conform or any such defect. In addition, the Contractor shall remedy at his own expense any damage to City of Fort Worth owned or controlled real or personal property, when that damage is the result of the Contractor's failure to conform to contract requirements or any such defect of equipment, material, workmanship or design. The Contractor shall also restore any work damaged in fulfilling the terms of this clause. The Contractor's warranty with respect to work repaired or replaced hereunder will run for one year from the date of such repair or replacement. The City of Fort Worth shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect or damage. Should the Contractor fail to remedy any failure, defect or damage described in (a) above within reasonable time after receipt of notice thereof, the City of Fort Worth shall have the right to replace, repair or otherwise remedy such failure, defect, or damage at the Contractor's expense. In addition to the other rights and remedies provided by this clause, all subcontractors', manufacturers' and suppliers'warranties expressed or implied, respecting any work and materials shall, at the direction of the City of Fort Worth, be enforced by the Contractor for the benefit of the City of Fort Worth. In such case, if the Contractor's warranty under (a) above has expired, any suit directed by the City of Fort Worth to subcontractor's, manufacturer's or supplier's warranty shall be at the expense of the City of Fort Worth. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. If directed by the Engineer, the Contractor shall require any such warranties to be executed in writing to the City of Fort Worth. Notwithstanding any other provision of this clause, 01043801.00e 1-1 unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the City of Fort Worth for the repair of any damage which results from any such defect in the City of Fort Worth furnished material or design. Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the City of Fort Worth, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work. The City of Fort Worth will give notice of observed defects with reasonable promptness. 4. Parking of Construction Equipment. At night and during all other periods of time when equipment is not being actively used on the construction work, the Contractor shall park the equipment at locations which are approved by the Engineer and/or as directed by the Airport Manager. The Contractor shall provide adequate barricades, markers and lights to protect the City of Fort Worth, Texas, Alliance Airport, the public and the other work. All barricades, lights and markers must meet the requirements of these specifications and must be approved by the Engineer. 5. Access Routes, Staging Areas and Storage Areas. The staging area will be as shown on the construction plans. All haul roads and access routes and the location of any additional staging areas and storage areas will be subject to the approval of the Engineer. The Contractor shall be responsible for maintaining and repairing all roads and other facilities used during construction. Upon completion of the project, all existing roads shall be left in a condition equal to that at the time the Contractor commences work on this project. r 6. Water for Construction. Water for construction will be obtained from the City of Fort Worth. The Contractor shall provide a meter to measure water consumption and shall pay the City of Fort Worth for water consumed. 7. Coordination of Work. It shall be the responsibility of the Contractor to coordinate his work with any public or private utility engaged in the installation of new or adjustment of existing facilities on or adjacent to the project site. 8. Work Hours and Closure. Work hours will be as follows: Runway 16R/34L-6:00 am - 7:00 pm, during daylight hours Taxiway A- 6:00 am - 7:00 pm, during daylight hours Taxiway H -6:00 am -7:00 pm, during daylight hours Runway 16U34R-6:00 am - 2:00 pm 9. Airfield Operations. The Contractor shall acquaint himself with the operation rules of the airfield, and shall take all necessary precautions to assure the safe operation of the field at all times. The Contractor shall be required to adhere to the guidelines in AC 150-5370-2C on Operational Safety on Airports During Construction, and FAA Order 5200.5A Airport Safety During FHA Funded Airport Construction and FAA Facilities Maintenance. 01043801.00a 1-2 Personnel, equipment, tool and materials shall not hinder the safe operation of the field. The Contractor's access and haul routes shall be approved by the Engineer prior to use. It shall be a requirement for the Contractor to cause as little disruption as possible to aircraft and other ground vehicles in the vicinity of the work and to the operational runways and taxiways. Coordination with the Airport Manager and the Engineer of all runway and taxiway, as well as apron/ramp access closures, shall be made by the Contractor at least three (3) days prior to any such closure. Runway closure markings will be required to be placed every day the Contractor works. See AC 150/5370-2C for this requirement. All marking guidelines, signing and safety requirements for the Airport Closure will be in accordance with AC 150/5370-2C and will be strictly enforced. It is extremely important the Contractor maintain all work areas in such a manner that it is assured that there will not be any flying objects or debris (FOD). FOD control is an ongoing part of this Project that must take high priority at all times. Any aircraft movement area that has dirt tracked from a construction area or contains any of the construction objects or debris must be completely cleaned immediately. At various times during construction, if so directed by Airport Operational staff, Contractor shall take necessary actions to alleviate any potential FOD source. It shall be the responsibility of the Contractor to determine operational requirements in the work areas and to schedule and prosecute his work so as to comply with the above listed access requirements. Where necessary, the Contractor shall construct temporary crossings and detours as required to provide for the satisfactory and safe passage of aircraft to and from facilities in the work area. Prior to commencing any work on the contract, the Contractor shall submit for approval by the Engineer and the Airport Manager a schedule of construction operations as they relate to any restriction of aviation facilities during construction. During construction operations, the Contractor shall advise the Engineer each day of his proposed construction operations for the next day, and shall make any modifications to the schedule that the Engineer deems necessary for compliance with the specified aircraft access requirements. The Contractor shall not deviate from the construction schedule without prior approval of the Engineer. 10. Protection of Existing Utilities and Improvements. The Contractor shall take adequate measures to protect all existing structures, improvements and utilities which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth; they are shown on the plans as the best information available from the owners of the utilities involved and from evidences found on the ground. The Contractor shall determine the exact location of all existing utilities and conduct his work so as to prevent interruption of service or damage to them. The Contractor shall be responsible for the replacement of any utility damaged by him and shall likewise be responsible for losses to the utility owner due to any disruption to the service of the utility caused by the Contractor. 01043801.00e 1-3 11. Sanitary Facilities. The Contractor shall provide suitable sanitary facilities for use of his employees and inspection personnel. Such facilities, temporary or permanent, shall meet local sanitary codes, and may not contribute untreated sewage to any dry or flowing watercourse. There will be no separate payment for this item. 12. Insurance Required. The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been so obtained and approved. All insurance policies must show the Owner as additional insured (General Liability, auto, etc.). a. Worker's Compensation Insurance. The Contractor shall take out and maintain during the life of this contract Workmen's Compensation Insurance for all of his employees at the site of the project; and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. The minimum amounts of such insurance shall be as follows: (1) State - Statutory (2) Applicable Federal - Statutory (3) Employer's Liability- $500,000 b. Comprehensive General Liability and Property Damage Insurance. The Contractor shall take out and maintain during the life of this contract such Comprehensive General Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this contract, and including explosion, collapse and underground coverage, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Bodily Injury. (1) Each Occurrence -$1,000,000 (2) Annual Aggregate - $1,000,000 Property Damage Insurance. (1) Each Occurrence- $1,000,000 (2) Annual Aggregate - $1,000,000 01043801.00a I-4 30-05 Add: PAYMENT BOND AND PERFORMANCE BOND. The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both 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 Article 5160 of the Revised Civil Statues of Texas, as amended. In order for a surety to be acceptable to the City, the name of the surety shall be included on the current U.S. Treasury list (Circular 570) of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the contractor and surety company. No sureties will be accepted by the City which 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. If the contract to be awarded is less than $100,000, the performance and payment bonds are not required if the successful bidder states in its bid that payment is not due until the work is completed and accepted by the City. Provided, however, that this paragraph does not affect the furnishing of a maintenance bond, if same is required by the specifications. It is presumed that the successful bidder agrees to provide performance and payment bonds unless the bidder, on the bid proposal, states otherwise. 40-01 Add: The contractor shall provide all utility services required to construct the project, including, but not limited to, electrical service, water service and telephone service. The contractor shall be responsible for defects in this project due to fault materials and workmanship, or both, for a period of one (1) year from date of final acceptance of this project by the City Council of 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. 40-02 Add: All Supplemental Agreements shall require consent of the Contractor's Surety and Separate Performance and Payment Bonds. 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. 40-04 Add: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the pay items quantities prior to submitting a bid. 01043801.00a 1-7 When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15 percent as described herein below, agreed upon in writing by the Contractor and Director of the Department of Engineering and approved by the City Council after said work is complete, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15 percent of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director of the Department of Engineering access to all accounts, bill and vouchers relating thereto. 40-05 Add: The cost of maintaining aircraft and vehicular traffic shall not be measured directly, but shall be considered subsidiary to the project. 50-16 Add: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and 01043801.00a 1-8 conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, 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 records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. 60-09 Substitute: The specifications for materials set out the minimum standard of quality which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material which has been specified. Where the term "or equal" or"or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal" or"or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is in fact, equal, and the Engineer, are the representative of the City, shall be the sole judge of the acceptability of substitution. The provisions of this sub-section as related to "Substitutions" shall be applicable to all sections of these specifications. 70-01 Add: 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. EMPLOYMENT. All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29 prohibiting discrimination in employment practices. WAGE RATES. All bidders will be required to comply with provision 5159a of "Vemons Annotated Civil Statues" 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. 01043801.00a 1-9 DISADVANTAGED BUSINESS ENTERPRISES. The City of Fort Worth has goals for the participation of Disadvantaged Business Enterprises (DBE) in City contracts. In order for a bid to be considered responsive, the compliance statement, Attachments "IA", "IB", and/or"'IC", contained in the proposal must be completed and submitted to the bid contracting officer no later than 5:00 p.m., five (5) business days after the bid opening date. FAILURE TO DO SO SHALL RESULT IN THE PROPOSAL BEING NON-RESPONSIVE. 70-19 Add: Prior to the disposing of any spoil/fill materials, the contractor shall advise the Director of Transportation and Public Works, acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such materials until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at 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 it's expense and dispose of such materials in accordance with the Ordinances of the City and this section. 80-04 Add: The Contractor shall not allow his employees, subcontractors, material suppliers or any other persons over whom he has control to enter or remain upon any part of the airport which would be a hazardous location. The following restrictions shall normally pertain for activity at general aviation airports: a. When construction work is being accomplished adjacent to an active runway during visual flight rule (VFR) weather conditions, equipment shall not be permitted within 100 feet of the runway centerline. b. All work which is too close to the runway for accomplishment during VFR conditions (Item a. above) shall be performed during periods when the runway is not in use. C. Men, equipment or other construction-related material will be permitted in the approach or departure zones of active runways, provided that the construction activity is conducted below a 20:1 approach plane originating at the runway threshold. 01043801.00a 1-10 Any construction activity which is contemplated in the approach zones which would violate these planes will require special consideration (temporary threshold displacement, lighting, etc.). The threshold will be located where the 20:1 slope intersects the runway. d. Men, equipment or other construction-related material will be permitted adjacent to an apron or active taxiway, provided that such activity is first coordinated with the users and appropriate NOTAMS issued. Additionally, barricades with flags and flashers for night operations will be required to mark the area to prevent aircraft from inadvertently entering the construction area. e. Open trenches, excavation and stockpiled material will normally not be permitted within 75 feet of the centerline of active runways. Coverings for open trenches must be of such strength as to support the weight of a 30,000 pound aircraft operating on the runway. f. Construction equipment must not exceed a height of 150 feet above the airport surface. Any equipment exceeding a height of 75 feet shall be obstruction-marked and lighted at night, and when not in use lowered to its stowed height. The Owner will arrange for issuance of the necessary NOTAMS to reflect hazardous conditions. The Owner must be notified by the Contractor at least 48 hours prior to any change in construction activity or operations so that the proper NOTAMS revisions can be effected. It is important that NOTAMS be kept current and reflect the actual conditions with respect to construction situations. Active NOTAMS shall be reviewed periodically by the Contractor and the Owner and revised to reflect the current conditions. 80-05 Add: The Owner and/or the Engineer may require the replacement of any employee, including supervisors, of the Contractor or Subcontractors found to be Junsuitable or unqualified. 80-06 Add: The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to safety-related reasons. 90-07 Add: Payment for materials on hand shall be limited to materials required for incorporation into the work within a maximum of 30 days. F 01043801.00a I-19 r Alliance Airport Runway Guard Lights and Signs Improvements AIP Project No. 3-3-48-0296-1100 PART II -WAGE, LABOR, EEO AND SAFETY REQUIREMENTS PART II WAGE. LABOR. EEO AND SAFETY REQUIREMENTS SECTION A Federal Aviation Administration (FAA) Requirements A-1 Airport and Airway Improvement Program Project. The work in this contract is included in Airport Improvement Project No. 3-48-0296-1100 which is being undertaken and accomplished by Alliance Airport, in the City Fort Worth, Texas (Owner), in accordance with the terms and conditions of a grant agreement between Alliance Airport, Texas (Owner), and the United States under the Airport and Airway Improvement Act of 1982 (P.L. 97-248) as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987 (P.L. 100-223) and Part 152 of the Federal Aviation Regulations (14 CFR Part P 152), pursuant to which the United States has agreed to pay a certain percentage of the costs under that Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof or to any rights granted to the FAA or any representative thereof or the United States by the contract makes the United States a party to this contract. JP A-2 Airport and Airway Improvement Act of 1982. Section 520. The Contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from Federal assistance. This provision obligates the Contractor or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property of interest therein or structures or improvements thereon. In these cases the provision obligates the party of any transferee for the longer of the following periods: (a)the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of Contractors, this provision binds the Contractor form the bid solicitation period through the completion of the Contract. A-3 Consent to Assignment. The Contractor shall obtain the prior written consent of the City of Fort Worth and Alliance Airport, Texas (Owner), to any proposed assignment of any interest in or part of this contract. A-4 Rights to Inventions (49 CFR Part 18). All rights to inventions and materials generated under this contract are subject the regulations issued by the FAA and the Owner of the Federal Grant under which this contract is executed. Information regarding these rights is available from the FAA. A-5 Convict Labor. No convict labor may be employed under this contract. 01043801.00& II-1 A-6 Veterans Preference (Airport & Airway Improvement Act of 1982. Section 515). In the employment of labor (except in executive, administrative and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. A-7 Withholding: Owner from Contractor. Whether or not payments or advances to the City of Fort Worth, Texas (Owner), are withheld or suspended by the FAA, the City of Fort Worth, Texas (Owner), may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract. A-8 Nonpayment of Wages. If the Contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract, the City of Fort Worth, Texas (Owner), may after written notice to the Contractor take such actions as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. A-9 Inspection of Records (49 CFR Part 18). The Contractor shall maintain an acceptable cost accounting system. The Owner, the FAA and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. A-10 Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs A-1, A-3, A-4, A-5, A-6 and A-7 requiring the subcontractors to include these provisions in any lower tier subcontracts, which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in tum be made. A-11 Breach of Contract Terms Sanctions (49 CFR Part 18). Any violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. 01043801.00@ 11-2 SECTION B (Davis-Bacon Act Requirements - 29 CFR Part 5) B-1 Minimum wages. (a) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at wage rates not less than those contained in the wage determination(s) of the Secretary of Labor which is (are) attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. For the purpose of this paragraph, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of subparagraph (d) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period (29 CFR 5.5(a)(1)(i)). Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage skill, except as provided in paragraph B-4 of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, however, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(s) (including any additional classifications and wage rates conformed under subparagraph (b) of this section) and the Davis-Bacon poster shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and readily accessible place where it can easily be seen by the workers. (b) (1) Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under this contract, shall be classified or reclassified conformably to the wage determination(s). Approval will be given for an additional classification and wage rate, and fringe benefits therefor, only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. 01043801.00a II-3 Property damage liability insurance providing Explosion, Collapse and Underground coverages. C. Comprehensive Automobile Liability. Bodily Injury (1) Each Person - $500,000 (2) Each Accident- $1,000,000 Property Damage (1) Each Occurrence - $1,000,000 d. Contractual Liability. Bodily Injury (1) Each Occurrence - $1,000,000 Property Damage (1) Annual Aggregate - $1,000,000 e. Such insurance will be subject to the following deductible amount: $250.00. The City of Fort Worth, Texas and Alliance Airport shall be named as additional insured parties for the project. The Contractor's general liability carrier shall issue a separate Protective Liability Policy covering Owner and Engineer providing coverage for not less than the amounts listed above. f. Proof of Carriage of Insurance. The Contractor shall furnish the Owner with satisfactory proof of carriage of the insurance required. All the certificates of insurance required to be purchased and maintained by the contractor will contain a provision or endorsement that the coverage will not be cancelled or materially changed or renewal refused until at least 30 days prior written notice has been given to the Owner by certified mail. 13. Award of Bids. The Owner may reject any or all bids. 14. Construction Time. The Owner 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 Owner. 15. Retainage on Partial Payments. For this contract, the Owner will deduct and retain Five (5) percent of the total amount of the partial payment until the final payment is made. 01043801.00a 1-5 16. Final Acceptance and Payment. Final payment, including retainage, will be made upon acceptance of the completed project by the Owner. 17. The General Provisions are hereby replaced or amended as follows by General Provision paragraph designated: 10-27 Modify to read: MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 5 percent of the total amount of the award contract. All other items shall be considered minor contract items. 20-03 Add: ADDENDA. Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt on the proposal form. Information regarding the status of addenda may be obtained by contacting Carter& Burgess, Inc. at(817) 735-6208. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. 20-07 Add: Bidders shall not separate, detach, or remove any portion, segment or sheets from the contract documents at any time. Failure to bid fully execute contract without retaining contract documents intact may be grounds for designating bid as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the "City Engineer." 20-08 Add: AMBIGUITY. In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 20-09 Add: BID SECURITY. Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five (5) percent of the Total Base Bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, the name of the surety shall be included on the current U.S. Treasury list and the amount of the bond shall not exceed the amount shown on the U.S. Treasury list for that company." 30-02 Add: The award of a contract, if it is to be awarded, shall be made within 49 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. The contract will be awarded to the lowest bidder on the Base Bid. The City reserves the right to reject any or all bids. FINANCIAL STATEMENT. A current certified financial statement may be required by Director of the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 01043801.00a 1-6 (2) If the contractor and the laborers and mechanics to be representatives, and the City of Fort Worth Texas agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action of the action taken shall be sent by the City of Fort Worth, Texas to the FAA for tentative approval and transmittal to the Department of Labor, Employment Standards Administration, Administrator of the Wage and Hour Division, Washington, D.C. 20210. The Department of Labor will approve, modify or disapprove every additional classification action within 30 days of receipt and so advise the FAA or will notify the FAA within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under control number 1215-0140.) (29 CFR 5.5(a)(1)(i)). (3) In the event the contractor, the laborers or mechanics, including apprentices and trainees, to be employed in the classification or their representatives and the City of Fort Worth, Texas do not agree on the proposed classification and wage rate (including the designated for fringe benefits where appropriate), the City of Fort Worth, Texas shall send the questions, including the views of all interested parties and the recommendation of the sponsor, to the FAA to be referred, with the recommendation of the FAA, to the Department of Labor for final determination. The Department of Labor will issue a determination within 30 days of receipt or provide notification within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (4) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(2) and (3) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)). (d) If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, however, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (29 CFR 5.5(a)(1)(iv). (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) 01043801.00a 11-4 B-2 Withholding: FAA from Owner. Pursuant to the terms of the grant agreements between the United States and the City of Fort Worth, Texas relating to Airport Improvement Project No. 3-48-0296-1100 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), the FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor may withhold or cause to be withheld from the City of Fort Worth, Texas so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work all or part of the wages required by this contract, the FAA may after written notice to the City of Fort Worth, Texas take further action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased (29 CFR 5.5(a)(2)). B-3 Payrolls and basic records. (a) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address and social security number of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv) (see subparagraph (d) of paragraph B-1 above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship and trainees, and the ratios and wage rates prescribed in the applicable programs (29 CFR 5.5(a)(3)(i)). (Approved by the Office of Management and Budget under OMB control numbers 1215- 0140 and 1215-0017.) (b) (1) The Contractor will submit weekly a copy of all payrolls to the City of Fort Worth, Texas for availability to the FAA as required by paragraph 152.59(a). The payrolls submitted shall set out accurately and completely all of the information required to be maintained by paragraph B-3 (a) above. This information may be submitted in any form desired. The contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) 01043801.00@ 11-5