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HomeMy WebLinkAboutContract 19568 CITY SECRETARY' t CONTRACT NO 1 SPECIFICATIONS` co D61:09* ADA CURB' ACCI&�92BX�.2 `` ; f W-4 - c �A'�` dr t y t? a t a f y r rn. 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Notice to Bidders 2. Special Instructions to Bidders 3. Prevailing Wage Rates 4. Proposal 5. Vendor Compliance 6. Disadvantaged Business Enterprise 7. Special Provisions 8. Contractor Compliance with Worker's Compensation Law j9. Certificate of Insurance 10. Performance Bond 11. Payment Bond 12. Contract 13. Details NOTICE TO BIDDERS Sealed proposals for the following: FOR: ADA CURB RAMP ACCESSIBILITY IMPROVEMENTS, CONTRACT I PROJECT NO. 020017001000 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M. , Thursday, December 3, 1992 , 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. A twenty dollar ($20.00) deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) for each set. These documents contain additional information for prospective bidders. A Pre-bid conference is scheduled at 10:00 a.m. November 30, 1992 at the Department of Engineering. All bidders will be required to comply with provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) , prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 1 of the Special Instructions to Bidders. The major work on the above project shall consist of the following: 10,000 S.F. 4" STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMP Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids are opened. The award of contract, if made, will be within forty-nine (49) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. IJ 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 (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. NOTICE TO BIDDERS (cont. ) The City of Fort Worth has goals for the participation of disadvantaged business enterprises in City contracts. In order for a bid to be considered responsive, the compliance statement in Attachment "A" contained in the proposal must be completed; failure to do so shall result in the proposal being non-responsive. For additional information contact Najib Fares, at (817) 871-8882. BOB TERRELL CITY MANAGER ALICE CHURCH CITY SECRETARY Department of Engineering A. Douglas Rademaker, P.E. , Director By Rick Trice, P.E. Manager Engineering Services Division November 19, 1992 November 26, 1992 Fort Worth, Texas °I SPECIAL INSTRUCTIONS TO BIDDERS 1 , BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 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, the name of the surety shall be included on the current U.S. Treasury list and the amount of the bond shall not exceed the amount shown on the U.S. Treasury list for that company. 2 . PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds fur- nished 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, the name of the surety shall be included on the current U.S. Treasury list (Circular 570) of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the contractor and surety company. No sureties will be Y accepted b the City which are at the time P Y in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the �^ contractor shall immediately provide a new surety satisfactory to the City. If the contract to be awarded is less than $100, 000, the performance and payment bonds are not required if the success- 1 ful bidder states in its bid that payment is not due until the l_ work is completed and is accepted by the City. Provided, 1 1. SIB-1 however, that this paragraph does not affect the furnishing of a maintenance bond, if same is required by the specifications . It is presumed that the successful bidder agrees to provide performance and payment bonds unless the bidder, on the bid proposal, states otherwise. 3 . LIQUIDATED DAMAGES: 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 1 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 1 or to reject the proposal . 5 . EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29 ) prohibiting discrimination in employment practices . 6 . WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas and set forth in Contract Documents for this project. 7 . FINANCIAL 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 success- ful 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 . INSURANCE: Within ten ( 10) days of receipt of notice of award of contract, the Contractor must provide, along with executed rcontract documents and appropriate bonds, proof of insurance 1_l for Worker's Compensation and Comprehensive General Liability (Bodily Injury - $250, 000 each person, $500,000 each occur- l_ rence; 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. 9 . NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised i Civil Statutes, the City of Fort Worth will not award this l-- contract to a non resident bidder unless the nonresident 's bid SIB-2 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 ex- cludes a contractor whose ultimate parent company or majority owner has its principal place of busi- ness in this state. "Texas resident bidder" means a bidder whose P rin- cipal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of busi- ness 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 specifi- cations. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. DISADVANTAGED BUSINESS ENTERPRISES: The City of Fort Worth has goals for the participation of Disadvantaged Business Enter- prises (DBE) in City contracts. In order for a bid to be considered responsive, the compliance statement, Attachments "lA", "1B", and/or 111C11 , contained in the proposal must be completed and submitted to the bid contracting officer no later than 5:00 p.m. , three (3) business days after the bid opening date. FAILURE TO DO SO SHALL RESULT IN THE PROPOSAL BEING NON-RESPONSIVE. " 11. BID AWARD: Contract will be awarded to the lowest responsive bidder. The City of Fort Worth reserves the right to reject any or all bids. The Contractor agrees to complete the Contract within the allotted number of working days. If the Contractor fails to complete the work within the number of working 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 . SIB-3 12 . PAYMENT: The Contractor will receive full payment from the City for all work. If the amount of the contract to be awarded is $25,000 or less, and the Contractor does not provide both a payment bond and a performance bond complying with the terms of Paragraph 2 above (SI-1) and Article 5160 of the Revised Civil Statutes of Texas, the contract amount shall be paid in one ( 1) lump sum upon the completion of the work and the acceptance of the work by the City. 13. ADDENDA: Bidders are responsible for obtaining all addenda to 1 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 (817) 871-7910 . Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. 14 . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insur- ance covering each of its employees employed on the project in 1 ' compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. �I (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 subcon- tractor 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. 15 . NON DISCRIMINATION The Contractor shall not discriminate against any person or persons because of sex, race, religion, ( color, or national origin and shall comply with the provisions 1. 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 DISCRIMINATION In accordance with the policy ( "Policy" ) of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, or SIB-4 l 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 persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory 1 requirement. r Contractor further covenants that neither it nor its officers, members, agents, or employees, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 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 Engineer's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17 . DISCRIMINATION DUE TO DISABILITY In accordance with the provisions of the Americans with Disabilities Act of 1990 ( "ADA" ) , Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms 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 Contrac- tor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. l_ Revised September, 1992 SIB-5 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1Q92 CLASSIFICATION RATE CLASSIFICATION RATE POWER_EQUIPMENT_ OPERATORS .ASPHALT HEATER OPERATOR $10. 25 ASPHALT DISTRIBUTOR $8.40 ASPHALT RAKER SR. W ASPHALT PAVTNG MACHINE $0.053 ASPHALT SHOVELER $8.255 BROOM OR SWEEPER OPERATOR $7.Q08 BATCHING PLANT WEIGHER $9.371 BULLDOZER. 150 HP OR LESS $8. 701 BATTERBOARD SETTER $8.920 BULLDOZER. OVER 150 HP $9. 160 CARPENTER $9.447 CONCRETE PAVING CURTNG MACH $8. 213 AN CARPENTER. HELPER $7.695 CONCRETE PAV FINISHING MACH $9.453 CONCRETE FINISHER (PAV) SQ.3a5 CONCRETE PAVING FORM GRADER $8. 500 CONCRETE FINISHER HLPR ( PAV) $8. 146 CONCRETE PAVING .ioiNr MACH. $Q.0.42 CONCRETE FINISHER (STRS) $9.058 CONCRETE PAVING JOINT SFALR $7. 350 CONCRETE FINISHER HLPR ( STRS ) $7.494 CONCRETE PAVING FLOAT 57.875 CONCRETE RUBBER $7. 733 CONCRETE PAVItiG SAN $9. 200 ELECTRICIAN $12. 761 CONCRETE PAVING SPREADER $9. 750 ELECTRICIAN HELPER $8.436 SLIPFORM MACHINE SQ.000 FLAGGER $5.598 CRANE.CLAMSHELL, BACKHOLF. FORM BUILDER ( STRS) $8.717 DERRICK. DRA.(',),INF. SHOVET. FORM BUILDER HI.PR (STRS) $7.550 ( LESS THAN 1 112 CY) $9. 513 FORM LINER $8.913 CRANE-CLAMSHELL. BACKHOI.E. FORM SETTER (PAV & CURB) $8.686 DERRICK. DRAGLINE. SHOVEL FORM SETTER HLPR (PAV & CURB) $7.787 ( 1 1/2 CY & OVER ) $10. 517 FORM SETTER (STRUCTURES) $8.427 CRUSHING, OR SCRNG PLT OPR. $9.500 FORM SETTER HLPR (STRS) $7.356 FORM LOADER $12.000 LABORER. COK40N $6..402 FOUNDATION DRILL OPERATOR LABORER. UTILITY $7.461 (CRAWLER MOUNTED) 510.(100 MECHANIC $10.658 FOUNDATION DRILL OPERATOR MECHANIC HELPER $8.345 (TRUCK MOUNTED) 511 . 138 OILER $8.698 FOUNDATION DRILL OPR HELPER $8.688 SERVICER $8. 10,4 FRONT END LOADER PILEDRIVER $7.500 ( 2 112 CY OR LESS ) 58.821 PIPELAYER $8.509 FRONT END LOADER PIPELAYER HELPER $7.037 (OVER 2 1/2 CY) $9.311 BLASTER $11 .333 HOIST (DOUBLE DRFM & LESS) $8.917 BLASTER HELPER $7.250 I C I TY OF' FART WORTH HIGHWAY mNSTRUCTION PREVAILING WAGE RATES FOR 1Q92 CLASSIFICATION RATE CLASSIFICATION RATF POWER_EQUIPMENT OPERATORS POWER EQUIPMENT OPERATORS MILLING MACHINE OPERATOR $6.650 WAGON-DRILL. BORING MACHINE Sq.000 MIXER (OVER 16 C.F. ) $9.000 REINFORCING STEEL `_'FTTFP. MIXER ( 16 C.F. & LESS) $7.913 ( PAVING) $9.218 MIXER- CONCRETE PAVING 59.500 REINFORCING STEEL SETTER MOTOR GRADER OPERATOR (STRUCTURAL) $11 . 548 (FINE GRADE' $10.346 REINFORCING STEEL SETTER HLP S8.6b'- MOTOR GRADER OPERATOR $9.891 STEEL WORK ER-STRI'CTURAL $16. 300 PAVEMENT MARKING MACHINE $6.:402 SIGN ERECTOR $11 .436 POSTHOLE DRILLER OPERATOR $9.000 SIGN ERECTOR HELPER $6..402 ROLLER. STEEL WHEEL SPREADER BOX OPFPATOR $6 Q88 ( PLAN"T-MIX PAVEMENTS ) $8.339 BARRICADE SERVICEP 70'�F WK . $6 . 402 ROLLER. STEEL WHEEL MOUNTED STGN INSTALLER I FLATWHEEL OR TAMPING ) S7.963 ( PERMANENT GRO�ND) $6 .-402 ROLLER. PNEUMATIC SELF- PROP $7.403 TRUCK DRIVFP-"Itir.LF AX1_F SCRAPER- 17 C.Y. & LESS $8. 138 ( LIGHT) 57. -4 6`, SCRAPER- OVER 17 C.Y. 58. 205 TRICK DRIl'FR-SINrLF AXLE SIDE BOOM $7. 793 ( HEAVY ' $8 .067 TRACTOR- CRAWLER TYPE TRUCK DRIVER-TANDE`l AXLE ( 150 HP & LESS ) $8.448 ( SEMI-TRAILER) $7.816 TRACTOR- CRAWLER TYPE TRUCK DRIVER-LOWBOY/FLOAT S9.(,53 (OVER 150 HP) $8.873 TRUCK DRIVER-TRANSIT `1IX $7. 507 TRACTOR -PNEUMATIC $7.735 TRUCK DRIVER-WINCH 58. 200 TRAVELING MIXER $7.615 VIBRATOR OPERATOR $7.000 TRENCHING MACHINE-LIGHT $8. 188 WELDER 310. 459 TRENCHING MACHINE-HEAVY $12.298 WELDER HELPER $9.000 F51, P R O P O S A L TO: MR. BOB TERRELL Fort Worth, Texas City Manager Fort Worth, Texas �f FOR: ADA CURB RAMP ACCESSIBILITY IMPROVEMENTS, CONTRACT I PROJECT NO. 020017001000 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the g g Y 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 at the locations an listed in the Special Provisions (Pages L1-L5) , and subject to the inspection and approval of the Director of the Engineering Department of the City of Fort Worth. 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 QUANTIT Y PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 Lump Sum Utility Adjustment @ Ten-Thousand Dollars & No Cents Per L.S. $ 10,000 $ 10,000 104 2 2,400 L.F. Remove Existing Curb and Gutter @ �l Dollars & Q o_ o N-0 Cents Per L.F. $ y $ �� 7,00 104 3 8,200 S.F. Remove Existing Concrete Sidewalk and Wheelchair Ramp @ D'E Dollars & Cents Per S.F. $ / 504 4 10,000 S.F. 4" Standard Concrete Sidewalk S.P. and T eelchair Ramp @ "C(2 Dollars & o Si?Cr1 Cents Per S.F. $ � 60 `7 [�,�p0 ✓ 502 5 1,200 L.F. Laydown Curb 18" Gutter @ S.P. St-_-V&?u Dollars & 0 00 e5 P y Cents Per L.F. $ -7 ODO 502 6 400 L.F. Laydown Curb and 24" Gutter @ S.P. VINe Dollars & � 0 0 5 ( X" Cents Per L.F. � $ 3 P-1 II SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 502 7 600 L.F. 7" Curb & 18" Gutter @ S.P. C_A;7 Dollars & 7o SeYry Cents Per L.F. $ 8 $ 5220 502 8 200 L.F. 7" Curb and 24" Gutter @ S.P. ,yINC Dollars & xr-Y Cents Per L.F. $ 6' $ ll p ZO 502 9 3030 S.F. Concrete Colored Surface @ S.P. OMr- Dollars & o0 3,1) 0,9- afl Cents Per S.F. $ 502 10 1600 L.F. Monolithic Sidewalk Curb @ S.P. p.✓c- Dollars & F�-TY Cents Per L.F. $ $ 0 450 11 4 Ea. Adjust Water Meter Box @ Thirty-Five Dollars & No Cents Per Ea. $ 35.00 $ 140.00 450 12 6 Ea. Adjust Manhole @ Two-Hundred & Fifty Dollars & No Cents Per Ea. $ 250.00 $ 1,500.00 116 13 300 S.Y. Top Soil @ Dollars & -70 - erve rrY Cents Per S.Y. $ oZ $ 118 14 700 S.Y. Sodding @ jr:�✓c Dollars & �- ,�p 37� '64,ry Cents Per S.Y. $ $ �j TOTAL $ �� � P-2 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. 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 Sixty (60) 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. 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 fait ful performance of this contract. The attached deposit check in the sum of S7o 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. Respectfully submitted, By: Addres /65a-09 /.IWO 4.o ccrE/O/ /x 75 Z-V (SEAL) tA}1 Date: P-3 STATEMENT OF MATERIALS AND OTHER CHARGES a MATERIALS INCORPORATED INTO THE PROJECT: $ S 7 0 0 0 ALL OTHER CHARGES: $ / 3 2 0 " *TOTAL: $ Ile, 32- O *This total must agree with the total figure shown in the Item and Quantity Sheets in the bound contract. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. NOTE: ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACTS IS TO BE FILLED OUT. 1 P'4 O VENDOR COMPLIANCE TO STATE LAW IFI The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of- EP state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required 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 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 lace of business or corporate offices are in the State of Texas. BIDDER: M,-- C`)-Ur I,Jc- By: �J/M gGVM Company (pl;12-6ala int) Signature: 2-3Y Title: 0 _S— �i City State Zip (please print) THIS FORM !LUST _ BE RETURNED WITH YOUR QUOTATION L CITY OF FORT WORTS DISADVANTAGED BUSINESS ENTERPRISE BID SPECIFICATIONS SECTION I : 1 . POLICY STATEMENT It is in the best interest of the City to promote the equitable utilizatio of DBE firms in city contracting in order to eradicate the lingerin effects of past discrimination and to prevent the City' s own spendin decisions from reinforcing and perpetuating the exclusionary effects o past discrimination; while at the same time maintaining a high quality o goods and services provided to the City through competitive bidding a �J required by law. Therefore, it is the policy of the City of Fort Worth t ensure the full and equitable participation by DBE firms in the provisio of all goods and services to the City on a contractual basis . Th objective of the Policy is to increase the use of DBE firms to a leve L � comparable to the availability of DBE firms which are capable of providin goods and services directly or indirectly to the City. Upon request, th City will assist DBEs by providing them with information on bi specifications, compliance with procurement policy and fulfillment o general bid requirements. In addition, the City will provide informatio in jab performance requirements, procurement opportunities an ( prerequisites for bidding in City contracts . The City will encourage join ventures between DBEs, as well as between majority firms and DBE firms o City procurement activities. 1 The City will use its best efforts to insure that DBEs are informed o current and future procurement activities through direct contact coordination with assistance organizations and placing certified DBEs o the City' s bid list . 2. DBE GOAL The City ' s goal is 15% of the dollar value of contracts for DBEs { On City contracts of $25,000 or more bidders are required to meet th lJ established minimum goal , or upon failure to meet the goal , provid documentation of their "Good Faith' Efforts" . If the contract amount i less than $25,000, the bidder is not required to submit the DBE informatia l _ packet . The DBE compliance documentation must be submitted to the Bid Contractin Officer/Buyer no later than 5:00 o ' clock p.m. , three (3) business _ day after the bid opening date. { FAILURE TO SUBMIT DBE DOCUMENTATION AS REQUIRED WILL RESULT IN THE BI 1 BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. 1 Unless otherwise specified in writing, only the first tier subcontractors/suppliers paid directly by the prime will be counted towar meeting the City' s DBE goal . Rev. 11/13/90 3 . D NIT ON OF DB 1 For the purposes of this policy: 1 . "Disadvantaged Business Enterprise" is defined as a business concer3 currently doing business and/or located in the Fort Worth/Della: metroplex meeting the following criteria: - a. which is at least 51 percent owned by one or -more socially and economically disadvantaged individuals, or in the case of any publicly owned business , at least 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals; and b. whose management and daily business operations are con- trolled by one or more of the socially and economically { ; disadvantaged individuals who own it ; and c. whose owners are citizens of the .United States or lawfully admitted permanent residents . d. any person, firm, corporation, or partnership which has a 1, current certification from the Small Business Administration under Section 8(a) of the Small Business Act . ( 2. "Socially Disadvantaged Individuals" means individuals who have bee: ( subject to racial or ethnic prejudice or cultural bias because of thei identify as a member of a group without regard to their qualities a individuals or capabilities as a business. 3 . "Economically Disadvantaged Individuals" means socially disadvantage individuals whose ability to compete in the free enterprise system i impaired due to diminished opportunities to obtain capital and credi as compared to others in the same line of business who are not sociall disadvantaged. f 4 . For the purpose of this Policy, the City shall require all individual to submit a narrative explaining their economic and social disadvantage ness with each certification and renewal application. Certification wil not be considered without submission of this narrative. 5 . "Offeror" means any person, firm, corporation, or partnership whic submits a bid or proposal to provide labor, goods or services to tt; City where City funds are expended. r Rev. 11/13/90 3. CONTRACT SUPPLIED WITHOUT DBE PARTICIPATION A bidder that has failed to include DBE participation may be awarded the contract upon the City' s determination that the efforts the bidder made to meet the goal was "Good Faith and Honest Efforts". The City must determine that the bidder ' s efforts were -those that, given all relevant circumstances, a bidder actively seeking to meet the goal would make. Sian the Compliance Statement (Attachment 1A) . complete Attachment 1C and provide any additional documentation [ that will substantiate Your "Good Faith Efforts". Return all forms and information as required pursuant to paragraph 2 of Section 1 hereof. . SECTION III : DBE ASSISTANCE ORGANIZATIONS A list of DBE businesses that have been certified by the City of Fort Wort will be provided to you upon request . Additionally, if there are an questions regarding the interpretation of the City ' s DBE Policy, pleas contact the City' s DBE Office at : City of Fort Worth DBE Office 1000 Throckmorton, Room 331 Fort Worth, Texas 76102 Phone: (817) 871-6104 The following agency may be able to provide assistance in identifyin additional DBE firms to meet your goals: i Small Business Development Office 2315 North Main Street , Suite 300 Fort Worth, Texas 76106 Phone: (817 ) 625-4331 I 1 Rev. 11/13/9 1 SECTION II: 1. COMPLIANCE WITH THE CITY'S D PROGRAM The City will consider the bidders performance regarding its DB: participation in evaluation of bids. Failure to comply with the City' s DB: requirements or to demonstrate or document a "Good : Faith Effort" , wil result is a bid being considered non-responsive to specifications. Th lowest responsive bidder meeting the DBE requirements and bii specifications will be awarded the bid. Bidders can comply with the program in one of three (3) ways. Find the on, that applies to you and follow its instructions. 1. ENTIRE CONTRACT SUPPLIED BY DBE i If you are certified by the City of Fort Worth, the City' s DBE contract goal shall be deemed to have been met. You must then complete the Compliance Statement, Attachment 1A, and return it as required Pursuant to Paragraph 2 of Section 1 hereof. If you are not certified by the City of Fort Worth, please contact the City' s DBE Office at (817) 871-6104 to obtain a Certification Form (Schedule A) , complete the Compliance Statement , .Attachment 1A, and return it as required Pursuant to Paragraph 2 of Section 1 hereof. 2. CONTRACT IS SUPPLIED WITH DBE PARTICIPATION If you will joint venture with a DBE, complete a Joint Venture Form (Schedule B) and Attachment 1B9 sign the 1 Compliance Statement, Attachment 1A9 and return them as required Pursuant to paragraph 2 of Section 1 hereof. If your DBE participation is in an amount that equals to or surpasses the City's goal of 15% for DBE, complete Attachment 1A9 Attachment 1B and return them as required Pursuant to Daragraph 2 of Section 1 hereof. If the DBE participation percentage is less than the City' s stated goal , you must complete Attachment 1C to show the "Good Faith Efforts" you made to meet the City' s goal . You should complete Attachment 1B to show the DBE participation you will have, sign the Compliance Statement (Attachment 1A) and return them as required Pursuant to paragraph 2 of Section 1 hereof. Note: All DBEs must be certified or in the Process of being certified bi the City of Fort Worth at the time of bid opening. A DBE not alread: certified may contact the City' s DBE Office at (817) 871-6104 to obtain i Certification Form (Schedule A) . Rev. 11/13/90 1 Attachment 1/ DBE COMPLIANCE STATEMENT The undersigned bidder hereby certifies that they will comply with the DBl Policy in the following manner. (check 1 , 2 , or 3) PLEASE READ INSTRUCTIONS : DBE GOAL, Section 1 . Paragraph 2 . Pace 1 1 . ENTIRE CONTRACT SUPPLIED BY DBE (check certification status) Certified by the City of Fort Worth C. In the process of being certified by the City of Fort Worth NOTE: FAILURE TO SUBMIT THIS INFORMATION WILL RESULT IN BID BEING CO IDERED NON-RESPONSIVE -TO SPECIFICATIONS 2 . CONTRACT SUPPLIED WITH DBE PARTICIPATION If DBE participation meets or exceeds the City' s goal , complete Attachment 1B. l_ If DBE participation is less than the City' s goal , you must complete Attachment 1B and Attachment 1C. �Y 3 . CONTRACT SUPPLIED WITHOUT DBE PARTICIPATION Complete the "Good Faith Effort" Documentation Form, Attachment 1C Author zed S ' nature Name of Company / L- Title Date The bidder further agrees to provide, directly to the City upon request complete and accurate information regarding actual work performed by th DBE on the contract , the payment therefore and any proposed changes to th original DBE arrangements submitted with this bid/proposal . The bidde also agrees to allow an audit and/or examination of any books , records , an files held by their company that will substantiate the actual wor j performed by the DBE on this contract , by an authorized officer or employe t of the City. Any material misrepresentation will be grounds fo terminating the contract and for initiating action under Federal , Stat f or Local laws concerning false statements. 1 _(ALL DBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Rev. 11/13/90 l .+ q C •� v � .A 96 >+ F ( 3 • e 9 < E � U o` r Cl E 'L7 U •• ++ Z Oa w D 6o a) .� « No -it 0w ba ° ales E o > .. r . ww O O 3 •3 E Z •pp� H _ N 00 PC G O v c � m F s a .. .0 l o E •„ „ fae v DO OHO L. a. wa a E"' y O � t0 C •• we: U C E eaF •r z z O V V" .. ..,, v, .01 V ad Fz- 0 oe ° ° U w C 'C Cn 0o 4) �. � w O > •oo V �' as z w PC m ( vnz C ••+ •� w \ w aow r a o z U E Attachment 1 Project Name Page 1 of 4 Project Number = "GOOD FAITH EFFORT" DOCUMENTATION FORT[ If you have failed to secure DBE firms or if your DBE participation i C less than the City' s goal , you must complete this form. FAILURE TO COMPLET THE REQUIRED DBE PARTICIPATION FORTIS IS GROUNDS FOR REJECTION OF THE BID. "ALL QUESTIONS ON THIS FORA[ MUST BE ANSWERED OR THE BID BILL BE CONSIDERE NON-RESPONSIVE TO SPECIFICATIONS" 1 . Did you obtain a list of DBE firms from the City' s DBE Office? Yes No 1 - 2. Did you contact any of the organizations that are available to assist DBEs , to obtain a list of potential subcontractors/suppliers? If yes , list the agencies below. Yes No t_ 3 . Please list each and every subcontracting/supplier opportunity whic will be used in the completion of this project . If none, P explain lain in detail . P 4 . Did you send written notice to DBE firms soliciting their bids on this project? Yes No If yes, attach copy(s) . Rev. 11/13/9 l f C_ Attachment 11 Page t of 4 5. Did you solicit bids from DBE firms by telephone? Yes No If yes , list firms and the results of these efforts on page 3 of 1C. C r S. If DBE firms were rejected on the basis of quotation being too high of 1 . qualifications , attach documentation to support quotation being toc high and/or reasons for rejection based upon qualifications ; i .e. aletters , memos of telephone calls, meeting, etc. r 7 . Did you solicit bids from DBE - firms by Advertisement in the Newspaper? Yes No If yes , attach copy(s) of C advertisement . 8. If you propose to perform the entire contract without subcontractors or suppliers , please provide a detailed explanation below that proves , M based on the size and scope of the project, this is your normal business practice. 9. Please provide any additional information you feel will further explain your good faith efforts to solicit bids from DBEs on this project . The composition of your work force is not a consideration. lRev. 11/13/90 f C7 z E < cC O r, taw w 0 u a m eo G 'O d � 00 a 3: :4 Z 00 o � a e 0 .�1 y Q' CS (si h0 G U O z It W U H z C d Z d � O i a ( F zo e z < 0 a �n fs7 � U � �_ E■ Attachment It Page 4 of 4 I The undersigned certifies that the information provided and the DBE(s; listed was/were contacted in good faith. It is understood that the DBEs; on the attached list will be contacted and the reasons for not using them will be verified by the City' s DBE Office. The misrepresentation of facts is grounds for consideration of disqualification and may result in a bidder being classified as as irresponsible bidder and being barred from City of Fort Worth work for 1 period of not less than six months. (j Authorized Signature Title i Contact Person Name and Title ( if different from authorized signature) L Company Name Address l Phone Number(s ) Date Rev. 11/13/90 1 k CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: ADA CURB RAMP ACCESSIBILITY ACCESSIBILITY IMPROVEMENTS, CONTRACT I PROJECT NO. 020017001000 1. SCOPE OF WORK: The work covered by these plans and specifications consists of the construction of 4" standard concrete sidewalk and wheelchair ramp at various locations. The work shall include all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to h satisfactorily complete the work. NOTE: The contractor shall verify the location of the proposed and layout improvements with the construction engineer before beginning any work (see L1- L5) . 2. All utilities and right-of-way easements are expected to be clear on this project within sixty (60) days of advertisement of this project. The work order for subject ' project will not be issued until all utilities and right-of-way easements are clear. The Contractor shall not hold the City of Fort Worth responsible for delay in work order of this Contract. 3. Contract will be awarded to the lowest responsive bidder. 4. The Contractor agrees to complete the Contract within the allotted number of working days. If the Contractor fails to complete the work within the number of working days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Construction of the City of Fort Worth, Texas. 5. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay ' item quantities prior to submitting a bid. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is more than 1252 of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 1252 of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75Z of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 151 of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. SP-1 ET, A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15Z as described herein below, agreed upon in writing by the Contractor and Department of Engineering and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance ' required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent ' Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director of the Department of Engineering access to all accounts, bills and vouchers relating thereto. 6. The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. 7. This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION- NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 8. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Engineering. SP-2 9. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) year from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10. Construction stakes for line and grade will be provided by the City as outlined on P-17, Standard Specifications for Construction, City of Fort Worth. 11. 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 "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name ' sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department. Signs and Markings Division (phone number 871-8075) , 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 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. 12. PAYMENT: The Contractor will receive full payment from the City for all work. In the event that the City of Fort Worth chooses to accept Added Alternative No. 1 or Added Alternative No. 2 for the Contract, fifty percent (50X) of the "Additional Amount" shall be paid to the Contractor after 20X of the construction has been completed. Payment of the remaining amount shall be made with the final payment, and ' upon acceptance of the project. 13. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his a SP-3 obligations hereunder which shall remain in full force until the discharge of the contract. 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1" . 15. During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. 16. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ( "Administrator") , of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) . All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the 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 M 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 x material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 17. 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. 18. All objectionable matter required to be removed within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102, "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 19. Final cleanup work shall be done for this project as soon as the paving and curb and P J P g gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. SP-4 1 20. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 21. 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 ^i sufficient time being allowed for cleanup. -j 22. 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 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) . 23. Any contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such E7work. 24. RIGHT TO AUDIT: L SP-5 "(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 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 LJ 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 NON-PAY ITEM NO. 1 - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise P rovided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing". However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM NO. 2 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. PAY ITEM NO. 1 - UTILITY ADJUSTMENT: This item is included for the basic purpose of establish 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 (loz) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. SP-6 I PAY ITEM NO. 4 - 4" STANDARD CONCRETE SIDEWALK AND WHEELCHAIR RAMP: All applicable provision of Standard Specifications Item 504 "Concrete Sidewalks and Driveways" shall apply. The contractor shall construct standard concrete sidewalk, and wheelchair ramp as shown in the details or as directed by the engineer. The contractor shall not remove any regulatory sign, instructional sign, street name sign or other sign which has been erected by the City. The contractor shall contact Signs and Marking Division, TPW (Phone 871-8075) . PAY ITEM NO. 5, 69 7 AND 8 - 7" CURB AND GUTTER: All applicable provision of Standard Specifications Item 502 "curb and gutter" shall apply. The contractor shall construct 7" curb and 18" gutter, however, if the existing gutter is 24" wide, the contractor shall construct 24" gutter. Included and subsidiary to the unit price of the curb and gutter and laydown curb and gutter will be the required excavation and repair of the street. The pay limit will be 9" out from the lip of gutter for H.M.A.C. pavement and 9" from the face of curb for concrete pavement 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 for H.M.A.C. pavement as per Item 312 "Hot-Mix Asphaltic Concrete", and reinforced concrete for concrete pavement as per Item 314 "Concrete Pavement" . ME PAY ITEM NO. 9 - CONCRETE COLORED SURFACED: ItAll concrete flared surface shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufactures instructions. The unit price bid per square foot shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. "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. " PAY ITEM NO. 10 - MONOLITHIC SIDEWALK CURB: All applicable provision of Standard Specifications Item 502 "Curb and Gutter" shall apply. The contractor shall construct variable height curb in accordance with the details or as directed by the engineer (see typical layout and details) . SP-7 ,I WH LCHAIR _ i R M A P r-P " 0 A 0 -.AN.- S x--,/ 0 N -A.6R- AU 1. WHEELCHAIR RAMP LOCATION MAPSCO# 077J 700 W DASHWOOD ST & 1000 HEMPHILL CORNER #4 NE SDWK (ACROSS FROM 924 HEMPHILL)/TYPE I 300 ROSEDALE ST & 1100 ST LOUIS CORNER #4 NE CORNER/TYPE III 1300 GALVESTON AV & 200 W MAGNOLIA CORNER #4 NE CORNER/TYPE III p*� MAPSCO# 077N 200 W ALLEN AV & 1700 GALVESTON CORNER #1 NE CORNER/TYPE I CORNER #2 NW CORNER/TYPE I MAPSCO# 077Q 1900 BEVERLY AV & 1300 E JEFFERSON AV CORNER #2 SW CORNER/TYPE III CORNER #4 NE CORNER/TYPEIII MAPSCO# 077T 800 COLVIN AV & 2650 EVANS AV CORNER #1 SW CORNER (RMV & RPL EXTG)/TYPE I CORNER #2 NW CORNER (RMV & RPL EXTG)/TYPE I CORNER #3 NE @ CROSSWALK/TYPE I MAPSCO# 078D 4330 MEADOWBROOK DR & RAND CORNER #1 SE CORNER/TYPE I CORNER #3 NW CORNER (RMV & RPL EXTG) E OF RAND @ CROSSWALK/TYPE I MAPSCO# 078J 1400 S BEACH ST & 2600 E ROSEDALE ST CORNER #1 SE CORNER/TYPE III 1300 CONNER AV & 2700 AVE E CORNER #1 SE CORNER/TYPE I CORNER #2 SW CORNER/TYPE III CORNER #4 NE CORNER/TYPE I 1300 CONNER AV & ROSEDALE CORNER #1 SE CORNER/TYPE I !f CORNER #2 SW CORNER/TYPE I L CORNER #3 NE CORNER/TYPE I CORNER #4 NW CORNER/TYPE III L1 OF 5 WHEELCHAIR RAMP LOCATION MAPSCO# 078K 2850 AVE C & 1100 NASHVILLE tk CORNER #2 SW CORNEA/TYPE I CORNER #3 NW CORNER/TYPE I CORNER #4 NE CORNER/TYPE I 2800 AVE B & 1000 NASHVILLE AV CORNER #1 SE CORNER/TYPE III CORNER #2 SW CORNER/TYPE III CORNER #3 NW CORNER/TYPE III CORNER #4 NE CORNER/TYPE III 2800 AVE D & 1200 MC KENZIE ST CORNER #1 SE CORNER/TYPE III CORNER #2 SW CORNEA/TYPE III CORNER #3 NW CORNER/TYPE III CORNER #4 NE CORNER/TYPE III 2816 AVE D & 1200 NASHVILLE AV CORNER #1 SE CORNEA/TYPE I CORNER #2 SW CORNER/TYPE III CORNER #3 NW CORNER/TYPE III 2900 AVE D & 1100 THRALL ST CORNER #3 NW CORNER/TYPE I CORNER #4 NE CORNER/TYPE I 1200 S COLLARD ST & 3300 AVE D CORNER #3 W SIDE OF COLLARD/TYPE I 1400 S COLLARD ST & 3300 E ROSEDALE ST CORNER #1 SE CORNER/TYPE III CORNER #2 SW CORNEA/TYPE III CORNER #3 NE CORNER/TYPE III CORNER #4 NW CORNER/TYPE III 1000 MC KENZIE ST & 1000 NASHVILLE AV CORNER #1 NE CORNER/TYPE I CORNER #2 SE CORNER/TYPE III CORNER #3 SW CORNEA/TYPE III 3200 E ROSEDALE ST & 1400 VAUGHN BLVD CORNER #3 NW CORNER (RMV & RPL EXTG LDWK)/TYPE I 1300 NASHVILLE AV & 2914 E ROSEDALE ST CORNER #2 SW CORNER/TYPE I CORNER #3 NW CORNER/TYPE III CORNER #4 NE CORNER/TYPE III 1300 S COLLARD ST & 3300 AVE E CORNER #1 SE CORNER/TYPE III CORNER #2 SW CORNER/TYPE I CORNER #4 NE CORNER/TYPE I L2 OF 5 WHEELCHAIR RAMP LOCATION MAPSCO# 078P 2100 S COLLARD ST & 3300 AVE N CORNER #1 SE CORNER/TYPE III CORNER #2 SW CORNER/TYPE I CORNER #3 NW CORNER/TYPE III CORNER #4 NE CORNER/TYPE III r` MAPSCO# 078W 3800 MITCHELL BLVD & 2500 RATTIKIN RD CORNER #3 NE CORNER/TYPE I MAPSCO# 078X 4200 FOARD ST & 3300 HARDEMAN ST CORNER #1 SW CORNER/TYPE I 3200 HARDEMAN ST & 4200 WICHITA ST CORNER #2 NE CORNER/TYPE I CORNER #3 SE CORNER/TYPE I MAPSCO# 079D 5701 SHELTON DR & (EASTERN HILLS SCH) CORNER #4 NW CORNER/TYPE III MAPSCO# 079Q 2600 CASS ST & 5900 RAMEY CORNER #1 NW CORNER/TYPE I CORNER #2 NE CORNER/TYPE I CORNER #3 SE CORNER/TYPE III MAPSCO# 079W 3700 ANGLIN DR & 4800 VIRGIL ST CORNER #1 SE CORNER/TYPE I CORNER #2 SW CORNER/TYPE I MAPSCO# 0808 1820 BARRON LA & 7000 GARY LA CORNER #3 SW CORNER/TYPE I MAPSCO# 08OF 2600 MIMS ST & 6900 NORMA ST CORNER #3 NE CORNER/TYPE I MAPSCO# 080H 2301 PANTINO RD & (HANDLEY SCHOOL) CORNER #3 NE CORNER @ CROSSWALK/TYPE I i Z nv R WHEELCHAIR RAMP LOCATION MAPSCO# 090D 3300 HENDERSON & (GEORGE C CLARK SCH) CORNER #1 SE CORNER (HENDERSON & SHAW)/TYPE III CORNER #2 (W SIDE OF HENDERSON @ CROSSWALK)/TYPE I CORNER #3 (N SIDE OF ORANGE AVE @ LEADWALK/RAMP TO BLDG)/TYPE I CORNER #4 NW CORNER (ORANGE AVE @ HENDERSON)/TYPE III MAPSCO# 090G 1600 W BOLT ST & 4000 RYAN AV CORNER #1 SE CORNER/TYPE I CORNER #4 NE CORNER/TYPE I 1700 W BOLT ST & 4000 JAMES AV CORNER #3 NW CORNER/TYPE I 2100 W BOLT ST & 4100 TOWNSEND DR CORNER #1 SE CORNER/TYPE I CORNER #2 SW CORNER/TYPE I CORNER #3 NW CORNER/TYPE I 4000 8TH AV & 1600 W BOLT CORNER #1 SE CORNER/TYPE I CORNER #3 NW CORNER/TYPE I MAPSCO# 090J 3009 BILGLADE RD & (S HILL ELEM) CORNER #1 SW CORNER (COCKRELL & BILGLADE)/TYPE III CORNER #2 W OF RECTOR ON S SIDE OF BILGLADE (SCHOOL ENTRANCE)/TYPE I MAPSCO# 090L i1800 W BOYCE AV & 4600 STANLEY AV CORNER #2 SW CORNER/TYPE I MAPSCO# 090M 1333 W SPURGEON & (HUBBARD ELEM) CORNER #1 SW CORNER (SPURGEON & 5TH)/TYPE III CORNER #2 SE CORNER (SPURGEON & 6TH)/TYPE III MAPSCO# 090N 4900 COCKRELL AV & 3000 MARTIN LYDON AV CORNER #3 NW CORNER/TYPE III 3200 MARTIN LYDON AV & 4900 RUTLAND CORNER #3 NW CORNER (ACROSS DRIVEWAY)/TYPE I CORNER #4 NE CORNER (ACROSS DRIVEWAY)/TYPE I L4 OF 5 MAPSCO# 090S WHEELCHAIR RAMP LOCATION 3401 WALTON AVE & (WEST CREEK ELEM) CORNER #2 S SIDE WALTON @ SCHOOL ENTRANCE (LOADING ZONE)/TYPE III Ir MAPSCO# 090U 1605 GRADY LEE ST & JAMES CORNER #1 SE CORNER/TYPE III CORNER #2 SW CORNER (APTS ON JAMES)/TYPE I CORNER #3 SW CORNER (BASIL & GRADY LEE)/TYPE III CORNER #4 MID BLOCK ON GRADY LEE @ SCHOOL ENTRANCE/TYP � I MAPSCO# 091A 519 BUTLER AV & (WORTH HEIGHTS ELEM) CORNER #3 ACROSS FROM S GROVE @ LEADWALK TO SCHOOL/TYP I CORNER #4 @ LEADWALK WEST OF I-35 SERVICE ROAD @ 519 BUTLER/TYPE I QMAPSCO# 091M 2400 E SEMINARY DR & (OD WYATT HIGH SCHL) CORNER #1 SE CORNER/TYPE III MAPSCO# 092E 4801 EASTLINE & (GLEN CREST MIDDLE) CORNER #2 SE CORNER/TYPE III MAPSCO# 092F 3221 PECOS & (FORREST OAK MIDDLE) CORNER #3 NE CORNER (PECOS & OLLIE)/TYPE I CORNER #4 MIDDLE OF BLOCK AT CROSSWALK ON PECOS (N)/TYPE I . , MAPSCO# 092G �* 3601 PECOS & (GLEN PARK ELEM) CORNER #1 SE CORNER/TYPE III CORNER #4 NE CORNER/TYPE III L LL5 OF 5 CORMAMM CadnaANCEwrni WCEUM'S COMPENSATICK LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers, ocmpensation insurance cover- age for all of its employees employed on City of Fbrt Worth Project Number C.C39-030m7nQ2000 Jim Bow gj= Construction Company, Inc. By: Title Date SrATE OF TEXAS S COLMY CF TARRAMr $ BEFORE ME, the undersigned authority, on this day personally appeared -:�DM SQ1JM+Af . known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he ex- ecuted the same as the act and deed of _IA4 &A)Ml"f COAlS-7- eO for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN iIlVDER MY HAND AND SEAL CF CFFICE this day of A&� - -- ----­- ---- ---- Publid in AM MICHAEL D. D!ETZ NOTARY the State of Texas PIUBLIC Statt'!of Te;�as o,C m. Exp.04-02-94 n, CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH, TEXAS Date 2/10/93 lPa NAME OF PROJECT: ADA Curb Ramp Accessibility Improvements, Contract I PROJECT NUMBER: GC35-030017002000 THIS 15 TO CERTIFY THAT Jim Bowman Construction Company, Inc . Name and Address Of Insured) 10209 Plano Road ¢s Suite 101 , Dallas , TX 75238 is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the type of insurance and in accordance with the provisions of the x standard policies used by this Company, and further hereinafter described. Exceptions to standard Hsi policy noted on reverse side hereof. TYPE OF INSURANCE Polic No. Effective Expires Limits of Liability Workers' Compensation TSF 100144 3/1/92 3/1/94 $500,000 Comprehensive General Bodily Injury: Liability Insurance CLP2096142 12/12/92 12/12/93 Ea. Occurrence: $1.000.000 (Public Liability) Property Damage: CSI. Ea. Occurrence: $ 8;asting CLP2096142 12/12/92 12/12/93 Ea. Occurrence: 51,000,000 Collapse of Buildings or structures adjacent CLP2096142 12/12/92 12/12/93 Ea. Occurrence: $1,000,000 to excavations Damage to Undergroun d CLP2096142 12/12/92 12/12/93 11000,000 Utilities Ea. Occurrence: $ builaer's Risk CL-7271 961-4-2- 61 2 12/12/92 12 12 93 500 000 At Job Site Bodily Injury: Comprehensive CAP1765947 12/12/92 12/12/93 Ea. Person $1,000,000 Automobile Ea. Occurrence $ CSL Liability Property Damage: Ea. Occurrence: $ Bodily Injury: Contractural Liability Ea. Occurrence $ 1,000,000 CLP2096142 12/12/92 12/12/93 Property Damage: Ea. Occurrence: Other Locations covered: Description of operations covered: The 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 five (3) days after the insured has receives written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (S) 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, ._. Agency Swingle, Collins & Associates .-Swingle, Col.-Uns &,?Associates Fort Worth Agent By 13760 Noel Road, Suite 850 Address Title Agent PERFORMANCE BOND THE STATE OF TEXAS X f COUNTY OF TARRANT X KNOW ALL MEN BY THESE PRESENTS: That we (1) Jim Bowman Construction Company, Inc. a (2) Corporation of Texas hereinafter called Principal, and (3) THE GLENS FALLS INSURANCE COMPANY a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: QOne Hundred Eighteen Thousand Three Hundred Twenty Dollars and 00/100 ($ 118 , 320 . 00 ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to 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,e s, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 2nd day of February , A.D. 19 93 a copy of which is hereto attached and made a part hereof, for the construction of: ADA Curb Ramp Accessibility Improvements, Contract I designated as ProjecL5Num63er017002000 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". L I NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and contract documents 1 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 ex- pense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. 6 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 speci- fications 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. IN WITNESS WHEREOF, this instrument is executed in six counterparts each one of which shall be deemed an original, this the 2nd day of _February A.D., 19 93 Jim Bowman Construction Company, Inc . NCIPAL (4) ATTEST: BY: } (Pr n Dallas , TX 75.238 (Address) (SEAL) (Address) THE GLE ALLS INSURANCE COMPANY S y ATTEST: BY: / d) J (A torney-in-face) (5) Lind 'Nale (Surety) Secretary NOTE: Date of Bond must not be prior to date of Contract (S E A L) (1) Correct name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be Witness as t Surety (3) Correct name of Surety Carol E. Waldon (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. The Glens Falls Insurance Company 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE GLENS FALLS INSURANCE COMPANY has made, constituted and appointed,and by these presents does make, constitute and appoint Jerry P. Rose or Linda O'Nale or Robert L. Stoeck of Dallas, Texas its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power ofAttorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto b� facsimile,and any such Power of Attorney or certi ficate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Witness Whereof,THE GLENS FALLS INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. Attest: THE GLENS FALLS INSURANCE COMPANY By / l O Robert W.Adler,Sr.,Assistant Vice President Michael 1.Beemaert,Vice President STATE OF NEW YORK COUNTY OF NEV YORK On this 1st day of May,1985,before me personally came Michael J. Beernaert,to me known,who being by me duly sworn,did depose and say that he is a Vice President of the THE GLENS FALLS INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 1 NO1Ar i /1:.-oUKOO �'ti'•••••'��° ETHEL TARANTO '''w,;;;�"•.:` NOTARY PUBLIC,State of New York No.24-4663117 Qual.in K' County CERTIFICATE Commission Expires March,1986 1,the undersigned,an Assistant Vice President of the THE GLENS FALLS INSURANCE COMPANY,a Delaware corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 2nd day of February,19 93 . i ��—•• lames M.Keene.Assistant Vice President 63 BOND 4315M Printed in ll S.A. IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAIN-: 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: P. 0. Box 149104 AUSTIN, TX 78714-9104 FAx #(512) 475-1771 PREMIIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR COIiDITION OF THE ATTACHED DOCUMENT. PAYMENT BOND .l ' THE STATE OF TEXAS i COUNTY OF TARRANT i KNOW ALL MEN BY THESE PRESENTS: That we (1 ) Jim Bowman Construction Company, Inc. a (2) Corporation of Texas hereinafter called Principal, and (3) THE GLENS FALLS INSURANCE COMPANY , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a 1 municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and cor- porations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of: One Hundred Eighteen Thousand Three Hundred Twenty Dollars and 00/100 ($ 118 , 320 . 00 ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to 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 2nd day of February A. D. , 19 93 , a copy of which is hereto attached and made a part hereof, for the construction of: ADA Curb Ramp Accessibility Improvements, Contract I designated as ProjectCNu�ber030017002000 , a 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 "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas, 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 said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. 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 1 Surety, for value rceived, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counter- parts, each one of which shall be deemed an original, this the 2nrl day of February A. D. 19 9 3 Jim Bowman Construction Company, Inc. Principal 4 ATTES T: By ( PtincipaU Se cretary (SEAL) Witness as to Principal 10209 Plano Road, Suite 101 (Address) Dallas, TX 75238 (Address) 3. ATTEST: THE GLENS FALLS INSURANCE COMPANY urety ecretary Surety By At ne ri n-Fact 5-Linda O'Nale (SEAL) 5420 L.B.J. Freeway, Suite 1400 1 Dallas, Texas 75240-2652 A ress NOTE: Date of Bond must not be prior fitness as to 5urety to date of Contract. Carol E. Waldon (1) Correct name of Contractor (2) A Corporation, a Partnership or an individual, as case may 5420 L.B.J. Freeway, Suite 1400 be Dallas, Texas 75240-2652 (3) Correct name of Surety (Address) (4) If Contractor is Partnership, all partners should execute bond. (5) A true copy of Power of Attorney shall be att ac he d to bond by Attorney-in-Fact. 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 2nd day of February A.D. , 19 93 , 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,Jim Bowman , HEREINAFTER CALLED Contractor. Construction Company, Inc. WITNESSETH: That said parties have agreed as follows: r 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: AnA essibility Improvements Contract I Project Number GC35-030017002000 2 . That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3 . The Contractor hereby agrees and binds himself to commence the construction of said work within ten ( 10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. C-1 J 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 60 ( g;X ) work-ing= - 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 $ 270 _ 00 per workinq . day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contrac- tor 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, and does hereby indemnify, hold harmless and defend Owner and the Construction Manager, their officers, agents, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, Including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, ( employees, contractors, subcontractors, licensees or invitees, ( whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said ( r Contractor does hereby covenant and agree to assume all liability and responsibility of Owner and the Construction Manager, their officers, agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all I � C-2 I _. officers, agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees and invitees whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner and Construction Manager from and against any and all injuries, loss or damages to property of the Owner and Construction Manager during the performance of any of the terms and conditions of this Contract, whether arising out of or in connec- tion with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the event a written claim for damages against the Contrac- tor or its subcontractors remains unsettled at the time all work on ' the project has been completed to the satisfaction of the Department of Engineering, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Department of Engineering to the Transportation and Public Works Department for a period of thirty ( 30) days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Department of Engineering that the claim has been settled and a release has been obtained from the claimant involved. Although the claim concerned remains unsettled at the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Department of Engineering. The Director of the Department of Engineering shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Department of Engineering that: ( 1) The claim has been settled and a release has been obtained from the claimant involved, or (2) Good faith efforts have been made to settle such out- standing claims, and such good faith efforts have failed. kk C-3 t If condition ( 1) above is met at any time within the six month period, the Department of Engineering shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Department of Engineering may recommend that the final payment to the Contractor be made. At the expiration of the six month period the Department of Engineering may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Department of Engineering. The Director of Department of Engineering gineering may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in Section K of the General Condition of this 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 a 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 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 Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly install- ments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be One Hundred Eighteen Thousand Three Hundred Twenty Dollars, ($ 118 , 320 . 00 ) , and 00/100 9 . It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to C-4 1�. 1 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 . It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in 6 ( Si,) counterparts in its name and on its behalf by the City Manager and attested by its Secre- tary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 6 ( Six) counterparts with its corporate seal attached. C-5 LJ Done in Fort Worth, Texas, this the 2nd day of Februar A.D. , 19 93 y RECOMMENDED: CITY OF ORT RT ! A42a--- BY: DIRECTOR, DEPARTMENT OF CITY MANAGE ENGINEERING APPROVED: (TRANS P TA ON PUBLIC WORKS DIRECTOR ATTEST: ' Jim Bowman Construction Company, Inc . NTRACTOR CITY SECRETARY BY: (S E A L) TITLE 10209 Plano Rd, Suite 101 Dallas , TX 75238 APPROVED AS TO FORM AND LE ITY: ADDRESS Len) s( CITY TORNEY 1`y Cmtraot Authorization November 1960 Date Revised May 1986 Revised September 1992 C-6 1 Cr.! x CIIAIR 'KAM r N I I I S '-I-' A i D A R D D TAI S CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 W. W W N H Z CL P4 N Lai O U 31— x o �— WF pJ Q �., va Q U> W 3 ' W A N LJ W4cW z Y Q LL, J H x j a- S•WA•y SO ., M 3=Lj vas Q^ oe C3 ' Zfm „0 a K 13H V >CJ Y of"q JW a� rr ° " CL'C 3 0 � 9a XWO q0 ix O. q O J 6-+ .-r Q' O W 0 z t WW2 w tiZ H Q Z � N M N 4c U LLI U ` v O Q U. M y3y �_ �= �� P4 W 0 W F- r► 2As� x o U F- W Z RW `p Q �- ZNNWA,u H A ~ fA 1h `W J d d I..C_ _+ O 0 U<aOJ J W WoWCNvU J O ~ Q Z 3 OJ W _I U o Z 0 �-+ , CL co U U W W o M rF� U Y / I f� I I EXISTING 15' R SCALE 1" = 5' SIDEWALK RAMP NOTES 1) EXPANSION JOINT AND SILICONE SEALING SHALL BE SUBSIDIARY TO UNIT PRICE BID FOR SIDEWALK. EMSTM CURB THE ACTUAL LBUTS OF REMOVAL OF EXIST- GO TM ING, CURB AND GUTTER AND SIDEWALK SHALL BE AS DIRECTED BY THE ENGINEER IN THE FIELIL 3) MOIE 17MC CURB OR FLARED SLOPES MAY 6„ BE INSTALLED ON BOTH SIDES OF THE RAMP DEPENDING ON THE FIELD CONDITION OR AS ' "ap ,-v DIRECTED BY THE ENGINEER. 4) CURB RAMPS WITH RETURNED CURBS NAY BE USED WHERE PEDESTRIANS WOULD NOT SAVCUr Ft WI MALLY WALK ACROSS THE RAMP. HC F%in S) SLOPE OF CURB RAMP AND/OR SIDEWALK SHALL BE A MAXIMUM (IF 1112 FLARED SIDES OF RAMP SHALL HAVE A MAXIMUM SLOPE OF 110, UNLESS PEDESTRIANS COMB AS REQUO" WALK ACROSS THE RAMP THEN THE MAXIMA r,a amx a. SLOPE SHALL BE 132. nw. CI. s 1�1 a MoMa.tt►oc w�itwC stncvAtx CUM CURB at (SEE Nm CURS TM cm mwnm 1 rLmto rL*W2 SWAM of Cute WU t CMMM AS Ka=y >tAac Or PPM. CURB c FNX NW. 7" CUM CAMER WCUT 4CUT fDR COICRETE PAVEIOR rl r 6 STANDARD PAY LIMIT DETAIL CITY OF FORT WORTK TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 EXISTING 15' R SCALE I" = 51 SIDEWALK RAMP EXISTING CURD GUTTER NOTE b EXPANSION JGDCT AiMD SXJMW SEALING SHALL BE SUBSIDIARY TO LMT PisxE DID FOR SIDEWALK NOTE Lh THE ACTUAL LIMITS OF REMOVAL OF EXISTING CURB AND GUTTER AND SIDEWALK SHALL X AS quRMTFp DV THE ENGINEER IN DC FML& 19- OR 24-� 6" 1 SAVCUT FOR 91, moc ; SODDING AS REQUIRED SACK OF PROP. CIL SURF COU30RME-1 T"MrTKIC SIDEW" CURD GROOVE I 1/4" W JaDffblG TOOL GROOVE 4" W/ J1/MRTIMG TOOL COLORED SURFACE S=m AS KQUW93 ----CWAMKN JMT 4 SXJCGME 3EA1JlMG DAM 13F PROP. CURD FACE PROP. 71 CURD EMT= �VCUT FINt CONCRETE PAVEMENT Elf"" JOINT DETAIL CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD LOCTOBER, 1992 L��' TYPICA LAYOUTS CITY OF FORT WORTH TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 i i . TYPE I EXISTING 15' R SCALE 1" = 5' a` Q PROP, 4' RAMP Z COLORED SURFACE o I Q Z I 0 0 U 112 1112 VARIABLE HEIGHT CURB 1 1/2' R <TYP.> CITY OF FORT VORTK TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 L_ C' TYPE I EXISTING 15' R SCALE Y, 5-# PROP, 4" RAMP COLORED SURFACE VARIABLE HEIGHT CURB 1148 1112 VARIABLE HEIGHT CURB 1/2' R (TYP.) CITY OF FORT V13RTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 TYPE I EXISTING 20' R SCALE I" = 5' Z 0 PROP. 4' RAMP COLORED SURFACE 0 z D48 VARIABLE HEIGHT CURB 1 1/2' R (TYP.) CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER 1992 TYPE I EXISTING 20' R SCALE 1" = 5' PROP, 4' RAMP COLORED SURFACE VARIABLE HEIGHT CURB 1148 VARIABLE HEIGHT CURB 1 1/2' R (TYP.) CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER 1992 TYPE III EXISTING 15' R SCALE I" = 5' SIDEWALK RAMP EUSTM CUM &..jBROOM FINISH GUTTER HMAC TIE-IN W CIR 24" x1l SAVCUr RR mw Pvwlr EF" smim AS REQUUMB aux aF Ell, nw. CIL MONOLMM SIX"WPAX CUM M Id CM.M.9 3UW4= t nin r AS REQUVED UM OF PMP Ct= FACE P. 7-1 CMB am�� E=TM CUP �W I GLITTER 15� %OCUT FM CONCRM P,%VrNMT CITY OF FORT VORTK TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 I II TYPE III EXISTING 20' R SCALE I" = 5' EXJSTIW, CMIN PROP, RAMP BROOM FINISH IV, at 24- TRANSITION � PVWT SODOM AS REQWKD 14e-- tux or POP. (a VANANX HElWt CM Li I I am Sim or PRA. Cm $001" AS Imaumm rf= P". 'r* cm SAWCUT FOR CONC. PVWT CITY OF FORT WORTK TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992 TYPE III EXISTING 15' R SCALE I" = 5' SIDEWALK RAMP ExaTm am BROOM FINISH HMAC TIE-IN 6" ir, OR SAWCUr FOR NW PVWT 9" BACK (IF PROP. Cl VARIABLE HEnff CURN i / C1WK4TMN VALX BACK OF PR13P. ctxte f ACS.near. r' QM VaSTWS & GUTTER VCUT FOR COMWITE PAVEwmT CITY OF FORT WORTH, TEXAS — CONSTRUCTION STANDARD OCTOBER 1992 [T TYPE III EXISTING 20' R SCALE I" = 5' VasTm am PROP. RAMP GUTTER W" Ot 24- BROOM FINISH TRANSITION 6. UW09 FM MAC PVWr 9, or P;W. C& vpjmoju wxw am coowmnm vmx W= IF mm an FACE NW. 7- Q= CUSTM a" h our= SAWCUT F13R CDC PVWT CITY OF FORT WORTH, TEXAS CONSTRUCTION STANDARD OCTOBER, 1992 i I I T \/P"lr- TTT r i r L III EXISTING 15' R ISCALE V = 5' SIDEWALK RAMP I BROOM FINISH I msnm CURD HMAC TIE-IN . Q.tTTER 6" 18" at 24" SAVCtlf FOR ►MAC PVM'T Somwj AS REOU[RED COLORED StWACE BACK OF PREP D. VARL41LE IEXW CURB V. COLORED SURFACE r CDN10MTaI WALK BACK OF PRO+. C%R? FACE PRO'. 7_t3JRD tilT7ER nmG WCUT f'at CCRICItE7L PAVElE71T CITY OF FORT WORTK TEXAS — CONSTRUCTION STANDARD OCTOBER, 1992 E I II TYPE III I t EXISTING 20' R SCALE 1" = 5' EIUSrM CURS I ( I PROP. RAMP 1, ourTER F. BROOM FINISH M I �~ P. TRANSITION 6~ SAMCUT F'Ot W" PVMT Y Smm AS REOU[R4 W= or L12 PIW. CD. mcs" SURFACE V*-%AUE FEMff a" snug 6 AS 1�1 CMMM SURFACE X6 a3om7= w" Lo= or mm Cm y� rrrACEE FOW.. 7" CLIO i/�AAW,^^M CW /��/����1.rYp1�/fy\/mow WM r�I�� CITY OF FORT WORTK TEXAS — CONSTRUCTION STANDARD OCTOBER, 1992 y Li I 0 O Q Z Jc yA OUN . 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