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Contract 26674
msco" FOt CITY SECRETARY ---cod CONTRACT NO. `C MUCIOn BOND, SPECIFICATION SECREGII<Y AND MY MANA6ECS OFFICE jrt @IGI[16 DN. CONTRACT DOCUMENTS ilMM_Fuem FOR H.M.A. C. SURFACE OVERLAY (2000-12) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GS93-020930522150 2000 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER = HUGO A. MALANGA, P.E . , DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS — A. DOUGLASRADEMAKER, P.E. , DIRECTOR DEPARTMENT OF ENGINEERING — PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ENGINEERING COORDINATIONO1. reo4 - EXHIBIT "A!' y�P E,,.f,f{.,.F of 0 .......e. i 1.SCMMNGER f.. N.i.NMNN........... .N{6N.00N Ali9 6W9OJ� r�.+ City of Fort Worth, Texas mayor and Council Communication REFERENCE NUMBER LOG NAME PAH 3/27/01 **C-18511 I 20AWARD 1 of 3 APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO J. L. BERTRAM CONSTRUCTION & ENGINEERING, INC. FOR HMAC SURFACE OVERLAY 2000-12 AT VARIOUS LOCATIONS RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $777,990.99 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $582,968.00, and the Sewer Capital Project Fund in the amount of$195,022.99; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $582,968.00, and the Sewer Capital Project Fund in the amount of$195,022.99 from available funds; and 3. Authorize the City Manager to execute a contract with J. L. Bertram Construction & Engineering, Inc. in the amount of$1,394,581.98 for 240 working days for HMAC Surface Overlay 2000-12. DISCUSSION: R In the 1999-2000 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. HMAC (hot mix asphalt concrete) Surface Overlay 2000-12 provides for surface and base rehabilitation, replacement of failed curb and gutter, and driveway approaches for asphalt streets at various locations. The streets included in this contract are currently under construction for the replacement of water and/or sewer lines or have recently had water and/or sewer lines replaced. The Transportation and Public Works Department has determined that curb-to-curb restoration of the pavement surface is the best option for the repair of these streets. The cost for repair of these streets will be shared equally (50/50) between the Water Department and the Transportation and Public Works Department. The following list details the limits for each of the streets included in this project: w City of Fort Worth, Texas Mayor and Council Communication DATF REFERENCE NUMBER LOG NAME opC 3/27/01 **C-18511 20)AWARD 2 of 3 SUB``TT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO J. L. BERTRAM CONSTRUCTION & ENGINEERING, INC. FOR HMAC SURFACE OVERLAY 2000-12 AT VARIOUS LOCATIONS STREET FROM TO Bailey Avenue White Settlement Road Casa Blanca Avenue Barnett Street Jenson Road Tierney (E) Road Blalock Street Fair Park Boulevard East deadend Bruce Avenue Braswell Drive Crabtree Street Dovenshire Terrace Canterbury Circle Oak Hill Road Forbes Street Edgewood Terrace South Langston Street Gaston Avenue Fairfax Street Penrose Avenue Half Moon Drive Cindy Drive Lakeland Street Jenson Road Wilson Road Meadowbrook Drive Livingston Avenue West Cantey Street McPherson Avenue McCart Avenue Seminary Drive IH-20 Milam Street Gary Lane Ellis Road Montague Street Shackleford Street Erath Street Monterrey Drive Barron Lane Janice Lane Pate Drive Killian Street Baylor Street Repper Street Deen Road Grover Avenue Sandage Avenue West Drew Street West Bolt Street Sevilla Road Genoa Road Dakar Road Shackleford Street Martin Street Knox Drive Sheffield Place Bradford Place Franwood Terrace Tahoe Drive Carmel Avenue Wilbarger Street Vega Drive Wooten Drive Wedgway Drive This project is located in COUNCIL DISTRICTS 2, 3, 4, 5, 6, 7 and 9. This project was advertised for bid on November 30 and December 7, 2000. On December 28, 2000, the following bids were received: BIDDERS AMOUNT J. L. Bertram Construction & Engineering, Inc. $1,394,581.98 Peachtree Construction $1,465,930.50 Branch & Sons Contractors, Inc. $1,499,065.80 APAC-Texas, Inc. $1,512,749.25 Austin Bridge & Road, Inc. $1,565,192.80 J. L. Bertram Construction & Engineering, Inc. is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation. The City's goal on this project is 15%. City of Fort Worth, Texas mayor and council Communication DATE REFERENCE N(1MBER LOG NAVE PA 3/27/01 **C-18511 20AWARD 3 of 3 Su)BJCTT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO J. L. BERTRAM CONSTRUCTION & ENGINEERING, INC. FOR HMAC SURFACE OVERLAY 2000-12 AT VARIOUS LOCATIONS In addition to the contract cost, $25,000.00 and $8,700.00 are required for possible change orders for water and sewer, respectively. Contingencies for associated construction inspection and survey are $35,000.00 and $12,000.00 for water and sewer, respectively. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation No. 1, and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water and Sewer Capital Projects Funds, the Contract Street Maintenance Fund, and the Street Improvements Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2) PW53 472045 060530175640 $582,968.00 Mike Groomer 6140 1&2)PS58 472045 070580174810 $195,022.99 Originating Department Head: 2) PW53 541300 060530175640 $547,968.00 2) PW53 531350 030530175640 $35,000.00 2)PS58 541300 070580174810 $183,022.99 2) PS58 531350 030580174810 $ 12,000.00 Hugo Malanga 7801 (from) APPROVED 3-27-01 ORD#14566 3)GS93 541200 020930522150 $657,688.49 Additional Information Contact: 3)C111 541200 020111053222 $ 39,602.50 1) PE45 538070 0609020 $582,968.00 1) PE45 538070 0709020 $195,022.99 3) PW53 541300 060530175640 $522,968.00 Hugo Malanga 7801 3) PS58 541300 070580174810 $174,322.99 Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER CAPITAL PROJECT FUND IN THE AMOUNT OF$582,968 AND IN THE SEWER CAPITAL PROJECT FUND.IN THE AMOUNT OF $195,022.99 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING A CONTRACT WITH J. L. BERTRAM CONSTRUCTION AND ENGINEERING, INC., FOR HMAC SURFACE OVERLAY 2000-12 AT VARIOUS LOCATIONS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PR10R ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: r SECTION 1. That in addition to those amounts allocated to the various City departments for the Fiscal Year 2000-01 and in the Budget of the City Manager,there shall also be increased estimated receipts in the Water Capital Project Fund in the amount of$582,968 and in the Sewer Capital Project Fund in the amount of$195.022.99 from available funds for the purpose of funding a contract with J.L.Bertram Construction and Engineering,Inc.,for HMAC Surface Overlay 2000-12 at various Locations. SECTION 2. That should any portion,section or part of a section of this ordinance be declared invalid,inoperative or void for any reason by a court of competent jurisdiction, such decision,opinion or judgment shall in no way impair the remaining portions,sections, or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 14286 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. s SECTION 4. This ordinance shall take effect and be in full force after the date of its passage,and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Assistant i Attorney Date Adopted 3/A/0( Effective s F SPECIFICATIONS AND CONTRACT DOCUMENTS FOR H.M.A.C. SURFACE OVERLAY (2000-12) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GS93-020930522150 2000 � QO A. DOUGLAS RADFIaMR, P.E. DAR DIRECTOR, DEPARTMENT OF ENGI ERING ►� Izi � GEORGE A. BEHMANESH, P.E. DATE ASSISTAN DIRECTOR T ATIO AND C WORKS ARTMENT // 4g, DOO KIM, P.E. DATE CAPITAL PROJECT ENGINEER WATER DEPARTMENT (10 j - J& TERNUS, P.E. DATE A ISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Prevailing Wage Rates 4. Proposal 5. Vendor Compliance 6. Disadvantaged Business Enterprise 7. Special Provisions I 8. Contractor Compliance with Worker's Compensation Law 9. Certificate of Insurance 10. Performance Bond 11. Payment Bond 12. Contract 13. Project Designation Sign C' 14. Details 15. Street Locations NOTICE TO BIDDERS Sealed proposals for the following project: H .M.A.C . SURFACE OVERLAY (2000-12) AT VARIOUS LOCATIONS Project No. GS93-020930522150 Addressed to Mr. Bob Terrell, City Manger of the City of Fort Worth, Texas will be received at The Purchasing Office until 1:30 P.M. , December 28, 2000 and then publicly opened and read aloud at 2 :00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102 . A pre-bid conference will be held at 9:00 A.M. , December 12, 2000 in the Transportation and Public Works Conference Room 270, 2nd floor, Municipal Building. One set of documents will be provided to prospective bidders for a deposit of twenty dollars ($20. 00) : such deposit will be refunded if the document is returned in good condition within 10 days after bids are opened. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20. 00) per set. For additional information contact Mr. Najib N. Fares at (817) 871-7802. Bob Terrell Hugo Malanga, Director City Manger Transportation and Public Works PUBLICATION: By: �- November 30, 2000, Na b N. Fares, P.E.. , December 7, 2000 Street and Storm Drainage, TPW SPECIAL INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City-of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S.Treasury,or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 2. PAYMENT BOND AND NCE 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 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 Statutes of Texas,as amended. In order for a surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.S.Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. 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 amount is in excess of$25,000 a Payment Bond shall be executed,in the amount of the contract,solely for the*protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of S 100,000,a Performance Bond shall be executed,in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of fort Worth. . 3. 1Z.jOUIDATED DANTAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLO"IENT: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).pcohibiting discrimination in employment practices. 6. WAGE RATES:All bidders will be required to comply with provision S 159a of"Vernons Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth,Texas and set forth in Contract Documents for this project. 7. FINA_N'CIAL STATEMENT: A current certified financial statement may be required by 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. ° 8. IMCR?ANCE:Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-5250,000 each person, S500,000 each occurrence;Property Damage-$300.000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. NONRESIDENT BIDDERS:Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower°than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company ormajority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. . ° The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. NIINORITY AND WOyIEN BUSINESS ENTERPRISES:In accord with City of Fort Worth Ordinance No. 11923,as amended by Ordinance 13471,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary.In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FOR.-N1("Documentation")as appropriate. The Documentation must be received no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a'negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination,of the contract and/or initiation action under appropriate federal,state or local laws or ordinances relating to false statement;further,any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11.. AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be - withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate is received by the City. The award of contract,if made,will be within forty-nine(49)days after this documentation is received,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.. 12. PAYMENT:The Contractor will receive full payment(minus S%retain age)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. 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. Information regarding,the status . of addenda may be obtained by contacting the Department of Engineering Construction Division at (8 17)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non- responsive. . ■ I4. CONTRACTOR COMELIANCE KITH WO UR'4 C O-TAPFNSATION LAN-V: A.Workers Compensation Insurance Coverage ' a.Definitions: Certain of coverage("certificate').A copy of a certificate of insurance,a certificate of .. authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC43,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in 5406.096}includes,all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, • employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor pfoviding services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. r• d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. �qmv e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the ---4 •-• -,governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. . The contractor shall retain all required certificates of coverage for the duration of the. project and for one year thereafter •g. The contractor shall notify the governmental entity in writing by certified mail.or personal delivery,within ten(10)days after the contractor knew or should have.known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text,form and manner FM prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. T The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and paytoll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,.Section 401.011 (44)for all of its employees ■., providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of �" .. the person providing services on the project,for the duration of the project; ' (3) provide the contractor,prior to the end of the coverage period,a new certificate of �. coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor, (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior tothe end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.. . (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that materially affects the provision of covetage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(t)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. r By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the -project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S CONIPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker'compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440.3789 to receive infoimation on the legal requirement for coverage,to verify whether your employer has provided the requirgd coverage, or to report an employer's failure to provide coverage". , 15. NQIX DISCRIMINATION The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. '16. AGE DISCRIMTKATION; In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide '"` occupational qualification,retirement plan or statiltory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf.shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona ride occupational qualification,retirement.plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any*and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. pISCRINtIYATIOY DUE W-1 rn In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),.Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability.terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractors alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 CITY OF FORT WORTH HIGHWAY CONTRUCTION PREVAILING NAGE RATE FOR 1999 CLASSIFACTION HOURLY RATE AIR TOOL OPERATOR 59.00 ASPHALT RAKER 9.55 ASPHALT SHOVELER 8.80 BATCHING PLANT WEIGHER 11.51 CARPENTER 10.30 CONCRETE FINISHER-PAVING 10.5.0 CONCRETE FINUSHER-STRUCTURES 9.83 CONCRETE RUBBER 8.84 ELECTRICIAN 15.37 FLAGGER 7.55 FORM BUILDER-STRUCTURES 9.83 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 ASHPALT PAVING MACHINE 10.30 BROOM OR SWEEPER OPERATOR 8.72 BULLDOZER 10.74 pm CONCRETE CURING MACHINE 9.25 CONCRETE FINISHING MACHINE 11.13 CONCRETE PAVING JOINT MACHINE 10.42 IF CONCRETE PAVING JOINT SEALER 9.00 CONCRETE PAVING SAW 10.39 CONCRETE PAVING SPREADER 10.50 ps SLIPFORM MACHINE OPERATOR 9.92 CRANE, CLAMSHELL,BACKHOE,DERRICK,DRAGLINE,SHOVEL 11.04 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.00 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 11.83 FRONG END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER 10.30 MOTOR GRADER OPERATOR FINE GRADE 11.97 MOTOR GRADE OPERATOR 10.96 1 CITY OF FORT NVORTH HIGHWAY CONTRUCTION PREVAILING MVAGE RATE-FOR 1999 CLASSIFACTION HOURLY RATE PAVEMENT MARKING MACHINE 7.32 ROLLER, STEEL WHEEL PLANT-IviIX PAVEMENTS 9.06 ROLLER, STEEL WHEEL OTHER FLA-nVHEEL OR TAMPING 8.59 ROLLER,PNEUMATIC, SELF-PROPELLED SCRAPER 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 2 P R O P O S A L TO: 11R. BOB TERRELL Fort Worth, Texas City Manager Fort Worth, Texas FOR: H.M.A.C. SURFACE OVERLAY (2000-12) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930522150 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2 Ea. Project Designation Sign @ Two-Hundred Dollars & No Cents Per Ea. $ 200.00 $ 400.00 S.P. 2 Lump Sum Utility Adjustment @ Six-Thousand Dollars & No Cents Per L.S. $6,000.00 $ 6,000.00 406 3 65 Ea. Manhole Adjustment @ 450 Two-Hundred and Fifty Dollars & S.P. No Cents Per Ea. $ 250.00 $16,250.00 406 4 85 Ea. Water Valve Boxes Adjustment @ 450 Two-Hundred Dollars & S.P. No Cents Per Ea. $ 200.00 $17,000.00 S.P. 5 3 Ea. Water Meter Boxes Adjustment @ Thirty-Five Dollars & No Cents Per Ea. $ 35.00 $ 105.00 P-1 SPEC PAY APPROXI DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 104 6 19,800 L.F. Removal and Replacement of 502 Concrete Curb and Gutter @ S.P. Fj Dollars & ' Cents Per L.F. 104 7 4,721 S.Y. Removal and Replacement of 6" 504 Concrete Driveway @ �4 ` S.P. �...� �.�, Dollars & t� Cents Per S.Y. 3 ♦ 7� $ /��c00�i y� 104 8 950 S.Y. Removal and Replacement of 4" 504 CoZ/'1crets Sidewalks @ S.P. / i t Dollars b p, 00 2-e V'`b Cents Per S.Y. $ 300 9 250 C.Y. Removal and Replacement of 304 H.M.A.C. Pavement and 312 Base (Base Repair) @ S.P. r ADollars b C is Per C.Y. (Do $ Z4�'0�,00 208 10 150 C.Y. Graded Crushed Stones @ S.P. -A1r-t;q Ohm_ Dollars S eyr_rb Cents Per C.Y. $ d o $ 6szi00 S.P. 11 7,528 L.F. Wedge Milling 2" to 0" Depth 5.0' Wide @ QML Dollars 6 r-f Cents Por L.E. S.P. 12 10 Ea. Butt, Joint-(Milled @ TWp��t 1PGs/�3t i�1 VeDollars b 2er2 Cents Per Ea. $ SOo $ S40,00 300 13 50 Ton H.M.A.C. Level-Up @ 312 6auxi�f Dollars Cents Per Ton $ 100 $ ZOd©°00 312 14 100,000 S.Y. 2" H.M.A.C. Surface Course 313 (Typ "D" Mix) @ S.P. ree- Dollars 6 Cents Per S.Y. $ 3, 4,0 $ DOO,00 104 15 145 S.Y. Removal & Replacement of 7" 314 Concrete Valley Gutter @ S.P. Dollars 6 _ r(mCents Per S.Y. $J! 7i�� $ -37,9) 314 16 1460 S.Y. New 7" Concrete Valley Gutter @ S.P. 6114& F10"X Dollars s 1 ,� j`V Cents Per S.Y. I YZ577 $ Z0J 'vOD P-2 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 104 17 53 S.Y. Standard 4" Reinforced Concrete 505 Wheelchair Rams @ S.P. �,` Dollars & Ze4 nts Per S.Y. $ ��i Q� c z,S�l�• OO 402 18 1000 L.F. 6" PVC Perforated Pipe Subdrain @ 500 A') lye- Dollars 6 620 Cents Per L.F. S.P. 502 19 300 L.F. Na Concrete Curb and Gutter @ Dollars & Y'O Cents Per L.F. $ 6 $ 504 20 200 S.Y. New 4" Concrete Sidewalk @ -7ze-&1. Z; A.2,ss e- Dollars & Sep0 Cents Per S.Y. $ Z9,e o $ add.00 214 21 79,400 S.Y. 8" Pavement Pulverization @ S.P. Tai C Dollars s Tw ,` cents Per s.Y. $ Z. Z� $I'81 Lt3L•OC' 214 22 1270 Ton Cement @ 4 Dollars & Cents Per Ton 9/, 70 $/ y00 S.P. 23 5 Ea. Remobilization @ Five Hundred Dollars & No Cents Per Ea. $ 500.00 $ 2,500.00 106 24 200 C.Y. Unclassified Street Excavation S.P. _'t.9s(yw-- Dollars & Cents Per C.Y. $ 9,,30 $ Q,CSO S.P. 25 5,000 S.Y. 2" Surface Milling @ Dollars & tt� I Cents Per S.Y. $ 11133 S� TOTAL BID $ This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. P-3 Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) , prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within Two-Hundred forty (240) Working Days from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. The Contractor shall mobilize within seven (7) calendar days of the notice given by the Construction Engineer for any locations. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. I (we) , acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Respectfully submitted Addendum No. 1 (Initials) J.L.BER' WN! Addendum No. 2 (Initials) CONSTRUCTION&ENGINEERING,INC. Addendum No. 3 (Initials) Company Name ^^ 'gnaturo / /r Printed Name of Principal Address:_ Inn?HARRISON AVE. ARLINGTON,TEXAS 76011 t 1 Date: ! Z vd fl Telephone: M 171 -2- f �� s P-4 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as a low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state w or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business are'not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. Y_l Bidder: J.L.BERTRAM CONSTRUCTION&ENGINEERING, !NC. �S - Company By (Please Print) 4007 HARRUGnH AVE. Address ARLINGTON, TEXAS 76011 Si6dature City/State/Zip Title (Please Print) ' THIS FORM MUST BE RETURNED WITH YOUR QUOTATION City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BiDDERS APPLICATION OF POLICY If the total dollar-value of.the contract is.$25,000 or more, the M/WBE goal is applicable. if the total dollar value of the contract Is less than$25,000,the MIIWBE goal Is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE)in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy Is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MMBE PROJECT GOALS The City's MBE/WBE goal on this project is 5 %of the base bid value of the contract COMPLIANCE TO BID SPECIFICATIONS - On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE 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.M/WBE Utilization Form,if goal received by 5:00 p.m.,five(5)City business days after the is met or exceeded: bid opening date,exclusive of the bid opening date. 2.Good Faith Effort Form and M/WBE 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 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 WIfiH THE CITY'S MIWBE ORDINANCE,WILL RESULT,IN THE BID EEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS: Y.. . Any questions,please contact the MIWBE Office at(817)871-6104. Rev.6119100 ATTACHMENT 1A City of Fort Worth Page 1 of 2 Minority and Women Business Enterprise Specifications MBEMBE UTILIZATION RECEIVED JAN 0 2 2001 IME COMPANY NAME BID DATE I NW< . s.,nr:t,<A-- Caex OJECT NAME PROJECT NUMBER TY'S NUWBE PROJECT GOAL: M/WBE PERCENTAGE ACHIEVED: 1783 N3 ilure to complete this form, in.its entirety with supporting documentation, and received by the:Managing Department or before 5:00.p.m,five (5) City business days after.bid opening, excl.usive of bid opening date,will result.in the bid ing considered.non-responsive.to bid specifications. e undersigned bidder agrees to enter'into a formal agreement with the MBE and/or WBE firms for work listed in this hedule, conditioned upon execution .of a contract with the City of F,ort.Worth. The intentional-and/or knowing srepresentation of facts is grounds for;consideration.of disqualification,and will result in.the bid, being.considered n-responsive tospecifications.' Company Name,Contact Name,' Certified $pacify Q1LContracting :Specify AH Items to be Dollar Amount Address,and Telephone No Scope of Work(*) Supplied(*) u o p o - 131W 164Dir- Irl 7,1(9 �.�o •LGirt i I 7C�!' 7 - ,% Ls�� aR MMBEs 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 MWBE's are to be utilized and/or items.to be supplied: j -• = A complete listing of Items to be supplied is required in order 4o receive credit toward the MA goal. s' r Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,i.e:,a.direct payment from the prime contractor. i subcontractor:is considered V tier,a payment by a subcontrector to its supplier is considered 2nd tie►: �' 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.612/RS Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBEMBE UTILIZATION Company Name,Contact Name, :. Certified Specify ALContracting Specify AH Items to be Dollar Amount Address,and Telephone No. " $cope of Work(*) Supplied(•) z-(:- 05 r--05 ie bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding :tual work performed by all subcontractors, Including MBE(s) and/or WBE(s) arrangements submitted with this bid. ie bidder also agrees to allow an audit and/or examination of any books, records.and files held by their company that II substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or nployee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the mtract or debarment from City work for a period of not less than three(3)years and for initiating action under Federal, .ate or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material each of contract may result in a determination of an irresponsible.offeror and barred from participating In City work r a period of time not less than one(1)year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD /3 r _�.�' .Ilwc-:S C _ 4a N1 PtriiA / Littio4zed Signature Printed Signature tle Contact Name and Title(if different) J :L 2,0-216S-@= I Dmpany Name Telephone Number(s) � ddress --�� Fax Number r3 X34 ity/State/Zip Code Date 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.6/2198 Pages 1 and 2 of Attachment 1A must be received by the Managing Department. MMBE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works RECEIVED JAN 0 2 2001 Official Date: 1 l Official Time: 1 I : 4 5 P Bid Date: Project Name: �4 AAA C eg-ono- i ;a, Project Manager: n h ne S s Forms Submitted By i Name: Company: L jpe - �lmb �i C a i Received :BY CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPE.C.M.ia PRvv iSTONS FOR: H.M.A.C. SURFACE OVERLAY (2000-12) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930522150 1. SCOPE OF WORK: The work covered by these details and specifications consists of the surface rehabilitation of existing pavement. Including the addition of a new surface layer of H.M.A.C. as described in the Special Provision of these specifications. The work shall include all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. The Contractor shall mobilize within seven (7) calendar days of the notice given by the Construction Engineer for any locations. The contractor is encouraged to conduct site visits and survey all these possibilities. The contractor shall verify these locations with the Construction Engineer. For street locations see list at the back of this document. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (t) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. All short cul-de-sac streets and turnouts that intersect with a street listed above shall be included in this contract, even though they may not be listed due to their size. The contractor shall mill, clean, apply tack coat, overlay and adjust facilities. Included, in addition to the resurfacing process, will be the removal (only) of all traffic buttons, removal and replacement of concrete curb and gutter, base repair, and all other miscellaneous items of construction to be performed as outlined in these specifications which are necessary to satisfactorily complete the work. Total quantities given, in the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. 2. Contract will be awarded to the lowest responsible and responsive bidder. 3. The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Construction of the City of Fort Worth, Texas. SP-1 4. 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. 5. This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION-CITY OF FORT WORTH and STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS. A copy of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 6. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 7. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 8. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 67014 Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Depart- ment, Signs and Markings Division (phone number 871-8075) , to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent SP-2 that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic. 9. PAYMENT: The Contractor will receive bi-weekly payment (minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 10. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor' is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 11. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 111. 12. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Admi*++strator") ,of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) . All disposal sites must be SP-3 approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued, upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at contractors expense. In the event that the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 13. 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. 14. Final cleanup work shall- be done for this project as soon as the work has been completed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 15. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 16. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 17. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hood connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric SP-4 I� Service Co.) which will erect temporary mechanical barriers, de- energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company, and shall record action taken in each case. (4) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3) . 18. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine 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 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. CONSTRUCTION The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees and all contractors and their sub-contractors must comply with this program as a condition of the contract. All active sewer manholes, regardless of depth, are defined as "permit required confined spaces". Contractors will be required to complete the "CONFINED SPACE ENTRY PERMIT" used by the Fort Worth Water Department (Field Operations Division) for each entry and possess and use the equipment necessary to comply with this program. The cost of complying with this program will be considered subsidiary to the pay items involving work in confined spaces (e.g. vacuum testing, cleaning, televising, construction, etc.) . NON-PAY ITEM NO. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item No. 200, SP-5 "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM NO. 2 - REMVAL OF TRAFFIC .BUTTONS AND TEMPORARY LANE TAPE All traffic buttons shall be removed from the existing asphalt surface before resurfacing begins. The contractor shall be responsible for the removal of all buttons. Upon completion of the job the City will install new buttons after proper notification. The contractor shall also be responsible for all materials, equipment and labor to place temporary adhesive lane marking tape, at locations as directed by the Construction Engineer, to direct traffic flow until permanent markers are installed. The contractor shall notify the Construction Engineer to arrange for the replacement of the buttons and adhesive lane markers (arrows, etc.) . All costs to the contractor shall be figured as subsidiary to this contract. NON-PAY ITEM NO. 3 - LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the resurfacing process commences for a particular street. The contractor shall attempt to include the Construction Engineer (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum of two (2) working days before resurfacing begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the contractors responsibility to notify the utility companies that he has commenced work on the project. As the resurfacing is completed (within same day) the contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the contractor shall notify the utilities of this completion. and indicate the start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: SP-6 Company Telephone Number Contact Person Southwestern Bell Telephone 338-6275 "Hot Line" Texas Utilities 336-9411 Mr. Roy Kruger Ext. 2121 Lone Star 336-8381 Mr. Jim Bennett Ext. 6982 City of Fort Worth, 871-8100 Mr. Jim Bob Wakefield Street Light and Signal Of course, under the terms of this contract, the contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the resurfacing operation by the Construction Engineer. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. PAY ITEM NO. 1 - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. " It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting, and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of construc- tion. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be to the satisfaction of the Engineer. SP-7 The unit price pre bid per each will be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 2 - UTILITY ADJUSTMENT: This item is' included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (101%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjust- ments. PAY ITEM NO. 3 - MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing manhole to match proposed grade as shown on the plans, in the detail at the back of this document or as directed by the Engineer. Standard Specification Item Nos. 450 "Adjusting Manholes and Inlets" and 406 "Concrete for Structures" shall apply except as herein modified. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Work shall be completed and street open to traffic within seven(7)calendar days. If the contractor fails to complete the work within seven(7)calendar days, a $100 dollars liquidated damage will be assessed per each manhole per day. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing manholes. The Engineer will field verify this inventory and provide the Contractor replacements for broken manhole covers. The contractor shall replace the manhole covers which are damaged during construction at no cost to the City. SP-8 Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections, as per current City Water"Department Special Conditions. The unit price pre bid per .each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 4 - WATER VALVE BOXES ADJUSTMENT: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing water valve boxes. The Engineer will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes which are damaged during construction at no cost to the City. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Work shall be completed and street open to traffic within seven (7) calendar days. If the contractor fails to complete the work within seven (7) calendar days, a $100 dollar liquidated damage will be assessed per each water valve box per day. The unit price pre bid per each will be full compensation for all labor; materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 5 - WATER METER BOX ADJUSTMENT: This item only apply when the adjacent curb and gutter has been determined to be removed and replaced as directed by the Engineer. The adjustment shall include raising or lowering the existing water meter box to the proper grade. The unit price pre bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 6 - REMOVAL AND REPLACEMENT OF CONCRETE CURB AND GUTTER: These provisions require the contractor to remove all failed existing curb and gutter, as designated by the Construction Engineer, and replace with standard concrete curb and gutter, laydown curb and gutter, or in like kind, as governed by the standard City Specifications, Item No. 104 "Removing Old Concrete", Item No. 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-S4. Pay limits for laydown curb and gutter SP-9 are as shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall sawcut the curb and gutter and pavement prior to removal. Included, and figured subsidiary to this unit price, will be the required sawcut,,excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the construction of the curb and gutter. The pay limit will be 9" out from the gutter lip, with same day haul-off of the removed material to a suitable dump site. The street void shall be filled with H.M.A.C. Type "D" mix as per specification No. 300 "Asphalts, Oils, and Emulsions", Item No. 304 "Prime Coat" and Item No. 312"Hot Mix Asphaltic concrete" and compacted to standard City densities. Top soil as per specification Item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Existing improvements within the parkway such as water meters, sprinkler system, etc. damaged during construction shall be replaced with same or better at no cost to the City. Backfill for curb and gutter shall be completed within fourteen (14) calendar days from the day of demolition to date of completion. If the contractor fails to complete the work within fourteen (14) calendar days, a $100 dollar liquidated damage will be assessed per block per day. � The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO. 7 - REMOVAL AND REPLACEMENT OF 6" CONCRETE DRIVEWAYS: This item shall include the removal and replacement of existing concrete driveways, due to deterioration or in situations where curb and gutter is replaced to adjust grades' to eliminate ponding water with same day haul- off of the removed material to a suitable dump site. For specifications governing this item see Item No. 104 "Removing Old Concrete", Item No. 504" Concrete Sidewalk and Driveways". Pay limits for concrete driveway are as shown in Drawing No. S-S5 of the Standard Specifications. The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the work. PAY ITEM NO. 8 - REMOVAL AND REPLACEMENT OF 4" CONCRETE SIDEWALK: This item shall include the removal and replacement of existing concrete sidewalk due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul-off of the removed material to a suitable dump site. For specifications governing this item see Item No. 104 "Removing Old Concrete", and Item No. 504 "Concrete Sidewalk and Driveways". The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the removal and replacement work. SP-10 PAY ITEM NO. 9 - REMOVAL AMID REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE: The contractor shall remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose material excavated. As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub-base. The total depth of excavation could range from a couple of inches to include the surface-base-some sub-base removal for which the Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with Type "D" surface mix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 611. Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and. Emulsions", 304 "Prime Coat", and 312 "Hot-Mix Asphaltic Concrete" shall govern work. The unit price bid per cubic yard shall be full compensation for all materials,labor,equipment and incidentals necessary to complete the work. PAY ITEM NO. 10 - GRADED CRUSHED STONES: This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushed stones. For specifications governing this item see Item No. 208 "Flexible Base". The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. SP-11 PAY ITEM NO. 11 - WEDGE MILLING 2"* TO 0" DEPTH 5.0' WIDE: 1. Description This item shall consist of milling the existing pavement from the lip of gutter at a depth of 2" and transitioning to match the existing pavement (0" cut) at a minimum width of 51 . The existing pavement to be milled will either be asphalt, concrete, or brick pavement. The removal and disposal of the milled materials shall be as directed by the Engineer. The milled surface shall provide a smooth surface free from gouges, ridges, oil film, and other imperfections of workmanship and shall have a uniform textured appearance. In all situations where the existing H.M.A.C. surface contacts the curb face the wedge milling shall include the removal of the existing asphalt covering the gutter up to and along the face of curb. The wedge milling operations for this project will be performed in a continuous manner along both sides of the street. Details of milling locations are at the back of this document. Contractor is required to begin the overlay, within five (5) calendar days from the date of the wedge milling completion of any one street. Should the contractor fail to meet this condition, the wedge milling will be shut down, and liquidated damage of $500.00 per day per street will be assessed until all wedge milled streets are overlayed. The overlay, once begun on a street shall continue uninterrupted until complete. The Contractor shall haul-off the removed material to a suitable dump site. 2. Equipament The equipment for removing the pavement surface shall be a power operated milling machine or other equal or better mechanical means capable of removing, in either one pass or two passes, the necessary pavement thickness in a five-foot minimum width. The equipment shall be self-propelled with sufficient power, traction and stability to maintain accurate depth of cut and slope. The machine shall be equipped with an integral loading and reclaiming. means to immediately remove material being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. Adequate back-up equipment (mechanical street sweepers, loaders, water truck, etc.) and personnel will also be provided to. keep flying dust to a minimum and to -insure that all cuttings are removed from street surface daily. Stockpiling of planed material will not be permitted on the project site unless designated by the Engineer. The machine shall be equipped with means to control dust created by the cutting action and shall have a manual system providing for uniformly varying the depth of cut while the machine is in motion thereby making it possible to cut flush to all inlets, manholes, or other obstructions within the paved area. The speed of the machine shall be variable in order to leave the desired grid pattern specified under Surface Texture. SP-12 The unit price bid per linear feet shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 12 - BUTT JOINTS - MILLED: Description: This item requires the contractor to mill "butt joints" into the existing surface, in association with the wedge milling operation (PAY ITEM NO. 11) to the depth and at locations as described below. The butt joint will provide a full width transition section, whereby the new overlay shall maintain constant depth at the point the new overlay is terminated and the new surface elevation matches the existing pavement. The construction activities, performance standards and equipment needed for the butt joints milling operations shall be governed by the special provisions of Pay Item No. 11 - Wedge Milling. The configuration of the butt joints is described in more detail below. General details of butt joint locations - along with wedge milling in general - are shown in plan form at the back of this document. Construction Details: Prior to the milling of the butt joints, the contractor shall consult with the construction Engineer for proper location of these joints and verify that the selected limits of the projects street are correct. The general locations for butt joints are at all beginning and ending points of streets listed in the project and as more graphically detailed at the back of this specification book. The joints are also required on both sides of all railroad tracks and concrete valley gutters, bridge decks and culverts and all other items which transverse the street and end the continuity of the asphalt surface. Each butt joint shall be 20 feet long and milled out across the full width of the street section to a tapered depth of 211. This milled area shall be tapered within the 20 feet to a depth from 0" to 2" at a line adjacent to the beginning and ending points or intermediate transverse items. This butt joint - when overlayed - will consist of an asphalt section that will transition the new overlay to match the existing pavement elevation. The contractor shall provide a temporary wedge of asphalt at all butt joints to provide a smooth ride over the bump. Measurement and Payment: Butt joints as prescribed above, will be measured by the unit of each butt joint milled. The disposal of excess material involved will not be measured for payment. Each butt joint-milled, measured as above, complete-In place-In accordance with these specifications, will be paid for at the unit price shown in the proposal for "Butt Joints". The unit price bid per each shall be full SP-13 compensation for all milling, including material haul-off, tools, labor, equipment and incidentals necessary to complete the required work. PAY ITEM NO. 14 - 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) : All applicable provisions of Standard Specifications, Item Nos. 312 "Hot- Mix Asphaltic Concrete", 300 "Asphalts, Oils and Emulsions", 304 "Prime Coat", and 313 "Central Plant Recycling-Asphalt Concrete" shall apply to the construction methods for this portion of the project. Standard Specification 312.5 (1) shall be revised as follows: The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifty (50) degrees Fahrenheit and rising, the tempera- ture being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. The contractor shall furnish batch design of the proposed hot mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per square yard of H.M.A.C. complete and in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 15 - RM40VAL AND REPLACEMENT OF 7" CONCRETE VALLEY GUTTER: This item shall include the removal and reconstruction of existing concrete valley gutters at locations to be determined in field: Removal of existing concrete valley, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details, shall be subsidiary to this Pay item. See standard specification Item No. 314, "Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base", and Drawing No. S-S6 and detail enclosed. Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item No. 314 "Concrete Pavement". Asphalt base material may be required at times as directed by the Engineer to expedite the work at locations identified in the field. The concrete shall be designed to achieve a minimum compressive strength SP-14 of 3000 pounds per square inch. Contractor shall work on one-half of Valley Gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each " half of valley gutter per day. The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 16 - NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No. 314, "Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base", and Drawing No. S-S6 and detail enclosed. Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item No. 314, "Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the Contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. The unit price bid .per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 17 - NEW 4" STANDARD WHEELCHAIR RAMP: The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, ,or as directed by the Engineer. SP-15 The removal of existing substandard wheelchair ramps and sidewalk as required for the installation of new wheelchair ramps shall be subsidiary to this pay item. The removal and replacement of existing curb and gutter as required for the installation of new wheelchair ramps shall be included in Pay Item 6 (Removal and Replacement of Curb and'Gutter) . Pay limits for laydown curb and gutter are as shown in the Standard Pay Limit Detail (WR- 1) . The pay limit will extend from 9" outside the lip of gutter to 15" back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for "Standard Wheelchair Ramp" will start 15" back from the face of curb and encompass the remainder of the ramp and sidewalk. All applicable provision' of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified. All concrete flared surface shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type, and shall be used in accordance with manufactures instructions. Concrete stain may be applied after concrete is poured (Product sold by BAER) . "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." The unit price bid per square yard for 4" standard wheelchair ramp as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to compete the work. PAY ITEM NO. 18 - 6" PERFORATED PIPE SUBDRAIN: This item shall consist of furnishing and installing 6" perforated subdrain and filter material all as shown on the enclosed details, or as directed by the Engineer. All applicable provision of standard Specifications Item 500 "SUBDRAINS" shall apply except as herein modified. The pipe material shall be poly vinyl chloride (PVC) with the standard dimensional ration of 35 (SDR35) and meet the ASTM D 1784. Filter fabric shall have the capability of passing ground water without transporting the soil placed around the filter fabric. The fabric shall be constructed exclusively of synthetic thermoplastic fibers and may be either woven or nonwoven to form a mat of uniform quality. Fabric fibers may be either continuous or discontinuous and oriented in either a random or a aligned pattern throughout the fabric. The fabric shall be mildew resistant, rot proof, shall be SP-16 satisfactory for use in a wet soil and aggregate environment, contain ultraviolet stabilizers and have nonravelling edges. The fabric shall meet the following requirements when sampled and tested in accordance with• the methods indicated. Test Original Physical Properties Method Requirements Fabric weight, on an ambient SDHPT Test Method 4.0 minimum for under temperature air-dried tension Tex-616-J drains and Slope free sample, expressed in "Testing of Construc- Stabilization, 6.0 .oz/sq. yd. tion Fibers" minimum for Gabions Revetment Water flow rate by falling Tex-616-J 80 minimum head method, 7.9 inches (20 cm) to 3.9 inches (10 cm) on 2 inch ID cylinder with 1 inch diameter orifice, with flow rate expressed in gal/sq. ft/minute. Breaking load in either ASTM Designation: 100 minimum machine or cross-machine D 1682 grab method G direction, expressed as modified by Tox- in pounds. -616-J Equivalent opening size CW-02215, US Army 70 to 100 (US Standard sieve no.) Corps of Engineers, Civil Works Construction Guide Specification. "Plastic Filter Fabric", November, 1977. "Apparent elongation" at ASTM Designation: 100 maximum breaking load in either D 1682 grab method G machine or cross-machine as modified by Tex direction, expressed as -616-J percent. The "Filter Fabric" shall be installed in accordance with the manufacturer's recommendations, as indicated or as directed by the Engineer. When lapping is required, it shall be in accordance with the manufacturer's recommendations. Backfilling around the Filter Fabric shall be done in such a way as not to damage the Filter Fabric material during the placement. The unit price bid per L.F. shall be full compensation for all labor, materials, equipments, tools, and incidentals necessary to complete the work. SP-17 PAY ITEM NO. 21 - 8" PAVEMENT PULVERIZATION: Contractor shall pulverize the existing pavement to a depth of 811. After pulverization is completed, contractor shall temporary remove and store the 8" deep pulverized material, then cut the base 2" to provide place for the new 2" H.M.A.C. surface. The 2" base cut shall start at a depth of 8" from the existing pulverized surface. After the undercut operation is completed, contractor shall spread, mix, and compact the pulverized material to a 95% compaction per City's Standard Specifications or as directed by the Engineer in the field. A 5% portland cement shall be used to mix the pulverized material. If the existing pavement has a combination of 10" H.M.A.0 and crushed stone/gravel, undercut will not be required, the contractor will pulverize 10" inches, the 2" inch cut will be taken from the 10" pulverized material. (see soil test report) After the pulverized material is cured, the contractor shall overlay it with 2" H.M.A.C. surface within five (5) calendar days. If the contractor fails to begin the work within five (5) calendar days, a $200 dollars liquidated damage will be assessed per block per day. The unit price bid per square yard shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to pulverize, remove and store the pulverized material, undercut the base, mixing, compaction, haul off, sweep, and dispose of the undercut material. The 2" H.M.A.C. surface will be paid by separate item. PAY ITEM NO. 23 - REMOBILIZATION: This item shall compensate the Contractor to remobilize personnel, equipment, supplies, and material to perform an additional work as directed by the Engineer. Remobilization will be considered when concrete "Flat-work" .has been completed, personnel and equipments were demobilized, and the street is clean and ready for the overlay. Remobilization shall be determined by the Engineer. Any Remobilization without the approval of the Engineer will not be compensated. The unit price per bid per each will be full compensation for all labor, equipment, material, tools, and all incidentals necessary to complete the work. PAY ITEM NO. 24 - UNCLASSIFIED STREET EXCALATION: This item will be used if additional excavation is needed that is not covered by Pay Item No. 21 - 118" PAVEMENT PULVERIZATION". Additional Excavation is the removal of the excessive crown and base to bring the new base to proper grade 6 City standard specifications for street reconstruction. All applicable provisions of Item No. 106 "Unclassified Street Excavation" shall apply, work shall be paid per cubic yard. SP-18 PAY ITEM NO. 25 - 2" SURFACE MILLING: This item shall consist of milling the existing pavement at a depth of 211. All applicable provisions of Item No. 11• "Wedge Milling" shall apply. The unit price bid per square yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. END OF`SECTION SP-19 r Equipment Sch?siule List of equipment owned by Bidder that is in serviceable condition and available for use Portions of work bidder proposes to sublet in case of Award of Contracts including amount and type: r Experience Record List of projects your organization has successfully completed: .� AMOUNT OF TYPE OF WORK DATE NAME AND ADDRESS CONTRACT AWARD ACCEPTED OF OWNER • List of projects your organization is now engaged in completing: AMOUNT OF TYPE OF WORK ANTICIPATED DATE NAME AND ADDRESS CONTRACT AWARD OF CONIPLETION OF OWNER List Surety Bonds in Force on above incomplete work: AMOUNT OF TYPE OF WORK AMOUNT OF BOND NAME AND ADDRESS CONTRACT AWARD BOND OF OWNER CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 271th day of March , 20 01 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 11th 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, and J. L. Bertram Construction & Engineering, 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: HMAC SURFACE OVERLAY 2000-12 AT VARIOUS LOCATIONS Designated as project number, GS93-020930522150 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. 0101 C-1o C)�l el' 9 ��a 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 the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 240 (Two Hundred Forty) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 420.00 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 the 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 emp/ogees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and ONAUA FICU T Eff FYI lily U& 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 surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor 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 100 percent(100%) of the total contract price, and the 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 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 NIA shall be ONE MILLION, THREE HUNDRED NINETY FOUR THOUSAND, FIVE HUNDRED EIGHTY ONE DOLLARS AND NINETY EIGHT CENTS $1,394,581.98 EEO© Cc HT SECLP M I C-3 R NAPA VEN"o 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 copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as ' specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. 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. N WITNESSETH WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 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 Six 6 counterparts with its corporate seal attached. �)FRCNAL FIEC0QD CdlU*C'ESPY C-4 Done in Fort Worth, Texas, this the 27th day of March , 2001 . RECOMMENDED: CITY OF FORT WOR 7 DIRECTOR, DEPARTMENT OF ASSISTANf CITY MANAGER- ENGINEERING NAGERENGINEERING APPROVED: J. L BERTRAMI DIRECTOR, TRANSPORTATION AND CONSTRUCTION& ENGINEERING, ING PUBLIC WORKS ATTEST: (Contractor) r CITY SECR TARY (SEAL) BY L�= (Representative) r � (TITLE) APPROVED AS TO FORM & (Address) LEGALITY: 1007 HARRISON AVE. 4L -'>� ,. ARLINGTON,TEXAS 76011 LI..' (City/State/Zip) ASST ANT CITY A TORNEY 6,,ai-y November 1960 Revised May 1986 Revised September 1992 contract Authorization Revised January 1993 �_ ►7�_OI Revised April 1999 ••�— Revised June 1999 Date . ORD CAN VC-2W PERFORMANCE BOND THE STATE OF TEXAS BOND NO. 929148499 COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENT: That we (1) J. L. Bertram Construction& Enizineering,Inc.(2) Company of Texas hereinafter called Principal and (3) CONTINENTAL CASUALTY 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: One Million,Three Hundred Ninety Four Thousand,Five Hundred Eighty One Dollars and Ninet:•Fight Cents $1,394,581.98 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 OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner, dated the 27th day of March ,2001, a copy of which is hereto attached and made a part hereof,for the construction of: HMAC SURFACE OVERLAY 2000-12 AT VARIOUS LOCATIONS designated as Project Number Gs93-020930522150 , a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies 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, specification, and contract document 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 be 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 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 or to the specifications. AMPERBOND.FRM IN WITNESS WHEREOF, this instrument is executed in 6 Counterparts each one of which shall be deemed an original,this the 2nd day of April , 2001. J.L. BERTRAM CONSTRUCTION & ENGINEERING, INC. - Principal (4) ATTEST: (Principal) Secretaryr v' .-.�/3ri1 t✓5 �. Uhif� (Printed Name/Tit(e) (SEAL) 1007 Harrison Avenue ADDRESS Arlington, Texas 76011 CITY/STATE/ZIP CONTINENTAL CASUALTY COMPANY 1007 HARK" A . (Surety) .. ARLINGTON,TEXAS 76011 ATTEST: (Surety) Secretary By: (Attorney-in-Fa ) (SEAL) Tamara E. Murray (Printed Attorney-in-Fact) Witness atto Surety Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (Z) A Corporation,a Partnership or and 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 AMPERBOND.FRM IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, Texas 78714-9104 Fax # (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. r ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached document. PAYMENT BOND B THE STATE OF TEXAS OND NO. 929148499 COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we, (1) J. L. Bertram Construction & Engineering,In. a corporation of (2) Tarrant County, Texas , hereinafter called Principal and (3) CONTT ITATTY rOMPANY , 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, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of: One Million,Three Hundred Ninetv Four Thousand,Five Hundred Eighty One Dollars and Ninety Eight Cents $1,394,581.98 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 bind ourselves, our heirs, executors, administrators and successors jointly and severally,firmly by 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 27th day of March ,2001, a copy of which is hereto attached and made a part hereof,for the construction of. HMAC SURFACE OVERLAY 2000-12 AT VARIOUS LOCATIONS designated as Project Number G�"3-020930522150 copy of which contract 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"works". NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall promptly make payment to all claimants as defined in �trtfe3469-e #a-4�ev+sad-Eiui�- afites-af-��xas,* 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. THIS 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 said4A4ie4--54.60,*and all such claimants shall have a direct right of action under the bond as provided in Arieae-S�FiB-o€��eeisod-C+w��tatutes PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, and 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 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or *Chapter 2253 of the 'Texas Government Code A:15PAYBOND.FRM addition to the terms of the contract or to the work or 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 WITNESSETH WHEREOF,this instrument is executed in 6 counterparts,each one of which shall be deemed an original,this the 2nd day of April ,2001. J.L. BERTRAM CONSTRUCTION & ENGINEERING, INC. Principal (4) ATTEST: LCl�v BY: (Principal) Secret ry (Printed Name itle) (SEAL) 1007 Harrison Avenue ADDRESS Arlington, Texas 76011 CITY/STATE/ZIP 1007 HARRISON AVE. ARLINGTON,TEXAS 76011 CONTINENTAL CASUALTY COMPANY (Address) (Surety) ATTEST: (Surety) Secretary By: _ x (Attorney-in- c (5) Tamara E. Murray (Printed Attorney-in-Fact) (SEAL) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (l) Correct name of Contractor (2) A Corporation, a Partnership or and Individual,as case may be (3) Correct Name of Surety (4) If Contractor is Partnership all Partners should execute bond AMPAYBOND.FRM POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called'the CCC Surety Companies'),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Bobby E. Mayo, Tamara E. Murray, Charles D.Sweeney, Kyle W.Sweeney, Individually of Fort Worth, Texas their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of March 1998 CONTINENTAL CASUALTY COMPANY ��!` GASl1q�T F�PE 1M5lJR�tic� y`�oaaM oeNATIONAL FIRE INSURANCE COMPANY OF HARTFORD •^ �� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA �' cc�nv°ngrE � � � � �MGtlM44T� •� , / n JULY 11, �J SEAL a 1097 � JfAil�� � • Marvin J.Cashion Group Vice President State of Illinois,County of Will,ss: On this 7th day of March 1998 ,before me personally came Marvin J.Cashion,to me known,who, being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that-he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 'eo T. Pic W Y NOTAR �d PUBLIC My Commission Expires June 5,2000 Eileen T.Pachuta Notary Public CERTIFICATE 1,Mary A Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 2nd day of April 2001 �suq CONTINENTAL CASUALTY COMPANY �Q4N �Ty �Go�,paNroF�b NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 4 0 g � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA � a� �M��a4TEp Z • ' s S JULY 71, J - -4, h, a coo SEAL ! < IlOt 1897 Mary A. Ribikawskis Assistant Secretary (Rev.10/1/97) CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH, TEXAS Date 04/02/01 1000 Throckmorton, Ft Worth, Tx 76102 NAME OF PROJECT: HMAC Surface Overlay 2000-12 PROJECT NUMBER: THIS IS TO CERTIFY THAT J.L. BERTRAM CONSTRUCTION & ENGINEERING INC. 1007 HARRISON AVE. , ARLINGTON, TX 76011-7327 (Name and Address of Insured) ois, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workers' Compensation WC3096999 09/30/00 09/30/01 $1,000,000./1,000,000./1,000,000. Comprehensive General Bodily Injury: Liability Insurance CLP3096995 09/30/00 09/30/01 Ea. Occurrence: $ 1,000,000. (Public Liability) Property Damages: Combined Single Ea. Occurrence: Limit Blasting Ea. Occurrence: $ Collapse of Buildings of structures adjacent CLP3096995 09/30/00 09/30/01 Ea. Occurrence: $ 1,000,000. to excavations Combined Single Limit Damage to underground CLP3096995 09/30/00 09/30/01 " Utilities Ea. Occurrence: $ 1,000,000. CSL Builder's Risk Bodily Injury: Comprehensive CAP3096996 09/30/00 09/30/01 Ea. Person $ 1,000,000. Automobile Ea. Occurrence Combined Liability Property Damage: Single Ea. Occurrence: Limit Bodily Injury: Contractural Liability CLP3096995 09/30/00 09/30/01 Ea. Occurrence $ 1,000,000. Property Damage: Combined Ea. Occurrence: Single Limit * Other Umbrella XYZ00075135848 09/30/00 09/30/01 $10,000,000. Combined Single Limit Locations covered: Texas _ Description of operations covered: See above project Mhe above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than thirty (30) days after the insured has received written notice of such change/or cancellation. lWhere applicable local laws or regulations require more than thirty (30) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. BITUMINOUS CASUALTY CORP Agency The Sweeney Company *FIREMAN' S FUND (CASUALTY MARKET) pFort Worth Agent P.O. Box 8720 B 817-457-6700 Address Ft Worth, Tx 76124-0720 Title Authorized Representative R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY & CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE NEITHER AFFIRMATIVELY NOR NEGATIVELY ANDS, EXTENDS OR ALTERS THE COVERAGES AFFORDED BY THE POLICIES LISTED HEREIN. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, J. L. Bertram Construction & Engineering, Inc. certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project HMAC Surface Over U 2�0-12 at Various Locations project number, GS93-020930522150. A` CON,07P ICTION& C-NGINEERING; ING Title Date STATE OF TEXAS 3 COUNTY OF TARRANT 3 B ORE ME, th undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the fore oing instrument, and acknowledged to me that he executed the same as . L BERTRAM the act and deed of CONSTRUCTION b ENGINEERING, INC �, for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of •`'�"A�.p�,. LINDA OLIPHANT Notary ublic in and for the State of Texas NOTARY PUBLIC iN9.........!Q State of Texas +' Comm.Exp.03_10_2005 (a) Contractor agrees to prove the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. A:13WORKCOM.FRM Z ' l z Q COW d / f1 [ n '' V �/ l CO a o Ococv cA % N � � 2 �j_, S • � z n W a LA l..L O LLJa . W z CO ::E �-- z Q 0 Q z z " Lnz ,o W C� W z ~ V) Z 17 Q W 0 I z --.1 ui U ~ fik -�I k� S • �. W W � o „ 0 i Z I� W � w t m Z >" O 2 O00 m2w1% W -Opp-� ti W O WaQ�W H v N V J NWcr.F—N } W W } Q F � w W � •N J Z x S 3: cc O z1�-_ �' V Q. H Q a CL W z _ 'W W .. C z �. cx o (7 is F- X 40. o W _ W m W W 1" O J w mitC O N W W O J 2 1ovVIN03 Ml lON l3v!l1N00 NI 10N r . a �� Il • III II q. 11 III IIl • 1�� III 111 :., '�• _III'. 1111 +� .;no • .. _..a fil SII_ flf Ilil IIII IIIso �•� a� Ill ofIR IIl • ��� II! a ..! :.• ,-" Ill' III "' " Ill ill lgot it _ IIT - ... u.' ii fll I' ... ill II 111 I ... III �� ••` Ili N •�• iIl ... ;fl it 111 111 }0 loss III . • III loss II. SII! III11. HI n, `" SO I!ISeeIU III iil Ill ��j loss . 111 its III ... oil 11� ' II — Ip It c c 1 ; — O W * s W r I Z ~m W 14 S Iii N OV J � Ja. =w h - Q 6-J 1 2 X. m w Co.- Z ~ p 0 4 a C FW- N W < V ww 0 Z-' ow < cr Cr � Zio OWN 2 w0 W w �� a �-- m Z I.Y WLL cr ul WZ F- m 4i J ° q O W W H u as W W t oz Ca u in Q J o Q. cc W W ~ 0 W 42 t.: x o J E > gr. li 2 0:cc 0 p J W 4A Q Z Z W Z _ W 2 -1 ¢ C 0 MI- H aC W Q >, j f-3 0 d WLJ2 YY �- W °► { W W J Js was i .+ W W rt � aii� 2 w ltl 111 I Is 1 }i Il• IIl 1!1 t 1 • Iillot tll tn, . ;;• Ili tU ZT111,11111u . '" pt 111 ... .�1ago tit • �1 .r w• 11• a1, .�., M`` � I'Ijf '�', Ill' -� ,•t '� i., ` • ij �► jI• +11' !1. at MANHOLE WATER VALVE 1/2 W TYP 4.0' MH 2.0' WV G •� 8 - #4 BARS TYP. •fit �� PLACED MIN 3" �o e BELOW SURFACE /••• 3" TYP. S � - O : tv o PVMT �-- PVMT BASE °• BASE i GRADE RINGS AND RAM NECK i CONCRETE COLLAR HEIGHT VARIES r 1. ALL CONCRETE USED SHALL BE 3000 PSI. 2. CONCRETE COLLAR SHALL EXTEND TO THE BOTTOM OF BASE (MIN.). 3. CONCRETE COLLAR SHALL BE: a) 4' x 4' for MANHOLE b) 2' x 2' for WATER VALVE. , CONCRETE COLLAR for MANHOLE and WATER VALVE NTS February 1993 A I ow+tt rttT Or V&LL" GVTTCR IICA3URCD rROu BACK-Or-Cults TO SACK-Or-GURU CX/ANSION JOINTS TQAxtIT10M .0, ARtAl 10 1 4 1 TRlJ(tIT10N ARCA(W10TH AS REOUMEO) OWt11Y /MAT,CKr3UST1144 A JOINTS OUT PTAH VIEW Not to $Cole .de lnwrt Ad Core Meg I'/a 4fp14 Ind to lfls/Od• &qd AA 4fpfA will be rfgolred dwldf rollor pattetA rAf cod tractor orlll be eequlre4 ft hrt the prller a/lh aottr before tae%b is eccyled, T'CORCRCTC EXIST.N.x.AA vALLET rV,A iWl3C CUTTER N0.3 4 24'C-C TRANSITION 21 H.ILAX4 - - 7 RAJIStT10H T' CxlSt tTEY NO.302 o rvulr &s SE CONCRETE t1ASE Crushed CONCRETE WISE . e Limestone RESIDENTIAL STREETS SECTION 'A—A!- Mot to Scale The T feinlorced coacr,ete Valley sha/lreplace lho top 7 Cf the poremeat Jrltd the remolning portion-ot pavement to be constructed lacludlog subgrode treotAeal, In VOW d0,70* with the typical paving section. The concrete valley trill be governed according to cily standards for concrete curb and gulls.0. The concrete sholl be of Washed and screened aggregate 011h.4 min. of f/ve( so ks of cemPer cublcyord of cancrete - with a minimum • d) cement Por strength of 3.000 pounds per square inch n seven days. CONCRETE VA L EY DETAILS GROUND 1.5'MIN. FACE OF CURB SUITABLE MATERIAL TAMPED IN ,n LIFTS NOT CURB AND o EXCEEOINC � . GU7TER co 12" L 0 0 S E. •`' A . e,Fr TOP OF CURB N WASHED ROCK 12. OVERLAP .PER ITEM 402 FILTER FABRIC PER a PAY ITEM NO. 17 0.3' PIPE SHALL BE 6' PERFORATED POLYVINYL CHLORIDE TUBING PER ASTM D-1764 UNLESS SPECIFIED OTHERWISE. SUBDRAIN . CITY OF FORT WORTNTEXAS-CONSTOUCTION STANDARD DRAWING NO. S—S it MOOIF. DATE: 5-7-96- 367 -7-96367 Addendum 3 '