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HomeMy WebLinkAboutContract 26089 CITY SECRETARY - CONTRACT NO. O CITY SECRETARY D.O.E. FILE SPECIFICATIONS CONTRACTOR'S BONDING CO- AND - CONTRUCi'ION'S COPY CLIENT DEPARTMENT CONTRACT DOCUMENTS STORM DRAIN IMPROVEMENTS OF COMO DRAINAGE SYSTEM PROTECT NO. C111-030111028886 DOE NO. 0761 IN THE CITY OF FORT WORTH,TEXAS FILE No. SD-2 2000 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER HUGO A.MALANGA, PE -DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS I A. DOUGLAS RADEMAKER, PE - DIRECTOR DEPARTMENT OF ENGINEERING ®ft� x% TES°aa 0 Ji,hA B YAN BECK 0'.0' 8457. . . . . . . . . % 4 City of Fort Worth, Texas "rigor andCommunication Coundl DATE REFERENCE NUMBER LOG NAME PAGE 7/11/00 **C-18105 30CNJ 1 of 2 SUBJECT MODIFICATION OF THE SCOPE OF THE 1993 CAPITAL IMPROVEMENT PROJECT FOR EAST COMO DRAINAGE SYSTEM AND AWARD OF CONTRACT TO CNJ CONSTRUCTION, INC. FOR STORM DRAIN IMPROVEMENTS TO EAST COMO DRAINAGE SYSTEM FROM LOVELL AVENUE TO FARON STREET RECOMMENDATION: It is recommended that the City Council: 1. Find that a material change has occurred making construction of the East Como Drainage System, as originally proposed, unnecessary; and 2. Approve the modification of the scope of the 1993 Capital Improvement Program project for the East Como Drainage System (bond amount $1,013,000.00) to storm drain improvements at a reduced scope along a natural channel within the area of the East Como Drainage System; and 3. Authorize the City Manager to execute a contract with CNJ Construction, Inc. in the amount of $23,066.80 and 25 working days for Storm Drain Improvements to the East Como Drainage System from Lovell Avenue to Faron Street within the area of the Como Drainage System. DISCUSSION: In each Capital Improvement Program (CIP), the City Council retains the right to abandon or modify a project if, in the City Council's opinion, conditions materially change so that the project is unwise or unnecessary. The 1993 CIP included $1,013,000.00 for the construction of the East Como Drainage System Project. The East Como Drainage System is located in the Como community south of Camp Bowie Boulevard, east of Bryant Irvin Road, west of Bourine Street and north of West Vickery Boulevard. Preliminary engineering analysis determined that recent reconstruction of several streets which included storm drain improvements within the East Como watershed have made the original scope of this project unnecessary. Staff is recommending that this project be modified and reduced in scope to provide storm drain improvements to the East Como Drainage System from Lovell Avenue to Faron Street. This project was advertised for bid on March 9 and 16, 2000. On April 6, 2000, the following bids were received: City of Fort Worth, Texas "avow and council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/11/00 **C-18105 1 30CNJ 2 of 2 SUBJECT MODIFICATION OF THE SCOPE OF THE 1993 CAPITAL IMPROVEMENT PROJECT FOR EAST COMO DRAINAGE SYSTEM AND AWARD OF CONTRACT TO CNJ CONSTRUCTION, INC. FOR STORM DRAIN IMPROVEMENTS TO EAST COMO DRAINAGE SYSTEM FROM LOVELL AVENUE TO FARON STREET BIDDERS AMOUNT TIME OF COMPLETION CNJ Construction, Inc. $23,066.80 25 Working Days Ed A.Wilson, Inc. $24,410.00 Walt Williams Construction, Inc. $24,810.49 Intrepid Contractors, Inc. $25,167.00 Burnsco Construction, Inc. $33,111.00 Carter Construction, Inc. $33,803.14 Burleson Utilities, Inc. $34,045.90 Southern Paradise, Inc. $35,565.00 Allison Broyles, Inc. $37,445.98 The contingency for possible change orders is $2,307.00. The Policy for Council Districts' Undesignated Capital Improvements Funds, adopted March 14, 1996 (M&C G-11420), provides for surplus funds resulting from the elimination or significant alteration of a district project will remain within the Council District and be added to the Undesignated Account for that district. Modification of the project scope for the East Como Drainage System Project will provide a net increase to the Undesignated Account for Council District 7 by $989,933.20, bringing the total amount in this account to $1,631,220.82. The M/WBE Ordinance does not apply to a construction contract less than $25,000.00. This project is located in COUNCIL DISTRICT 7, Mapsco 74M. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: A.Douglas Rademaker 6157 (from) JUL 11 2000 C111 541200 020111028886 $23,066.80 Additional Information Contact: Ciy�g�ry of the city of Port Worth,Texas A.Douglas Rademaker 6157 TABLE OF CONTENTS TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Proposal 4. Vendor Compliance to State Law 5. Minority and Women Business Enterprises Specifications 6. Special Provisions 7. Permits/Easements 8. Certificate of Insurance 9. Contractor Compliance With Worker's Compensation Law 10. Equipment Schedule 11. Experience Record 12. Performance Bond 13. Payment Bond 14. Contract I �s. I 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 successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$250,000 each person, $500,000 each occurrence;Property Damage-$300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. �. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that ` bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923,as amended,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary.In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate. The Documentation must be received no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under OL pa appropriate federal,state or local laws or ordinances relating to false statement;further,any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11. AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate is received by the City. The award of contract,if made,will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT:The Contractor will receive full payment(minus 5%retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non- responsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage a.Definitions: *� Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage rr period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. im f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the'prc ject; (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the Oro current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation.coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll,amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self ,. insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance.This includes persons providing,hauling A or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 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 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 employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor'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 Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 PM CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 ® Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving &Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $11.52 Front End Loader(2 1/2 CY&less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator(Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle(Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth,Texas FOR: STORM DRAIN IMPROVEMENTS OF COMO DRAINAGE SYSTEM PROJECT NO.C111-030111028886 FILE NO.SD-2 DOE#: 0761 Pursuant to the foregoing"Notice to Bidders",the undersigned has thoroughly examined the plans, specifications and the site,understands the amount of work to be done,and hereby proposes to do all the work and furnish all labor,equipment,and materials necessary to complete all the work as provided in the plans and specifications,and subject to the inspection and approval of the Department of Engineering Director 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 said work within the time stated and for the following sums,to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1. 1 LS. UTILITY ADJUSTMENT ONE THOUSAND Dollars& NO Cents Per LS. $1,000.00 $1,000.00 S.P. 2. 2 EA. PROJECT DESIGNATION SIGNS THREE HUNDRED Dollars& NO Cents Per EA. $300.00 $600.00 510 3. 80 LF. REMOVE&REPLACE EXIST.CHAIN LINK FENCE SIX Dollars& $ 6.25 a 500.00 TWENTY FIVE Cents Per LF. 440 4. 7.5 LF. PROP.24"CL.III R.C.P. ONE HUNDRED TWENTY FOUR Dollars& SIXTY SIX Cents Per LF. $ 124.66 $ 440 5. 15 LF. PROP.54"CL.III R.C.P. �+ ONE HUNDRED FORTY Dollars& NO Cents Per LF. $ 140.00 $ 2,100.0 406 6. 9.3 CY. PROP.5'x5'BOX CULVERT (CLASS A CONCRETE) NINE HUNDRED SIXTY SEVEN Dollars& $ 967.74 $ 990 SEVENTY FOUR Cents Per CY. 110 7. 75 CY. UNCLASSFIED CHANNEL EXCAVATION A TWENTY Dollars& THIRTY THREE Cents Per CY. $20.33 $ r" l JIZ�• � S.P. 8. 13 CY. PROP. 18"ROCK RIP-RAP ONE HUNDRED Dollars& NO Cents Per CY. $ 100.00 $ t .3oo_n0 406 9. 8 CY. PROP,CONCRETE FOR HEADWALLS, WINGWALLS,TOEWALLS&APRONS FIVE HUNDRED SIXTY NINE Dollars& NO Cents Per CY. $ 569.00 $ 5,0 .00 525 10. 44 LF. TRENCH SAFETY S.P. TWENTY TWO Dollars& SEVENTY THREE Cents Per LF. $22.73 $ 1,000.00 112 11. 25 CY. PROP.BORROW FIFTEEN Dollars& NO Cents Per CY. $ 15.00 $375.00 S.P. 12. 20 CY. TOP SOIL 314 NINE Dollars& NO Cents Per CY. $9.00 $ 180.00 TOTAL BID $ 23,5 0 z3, 0 r SG This contract is issued by an organization which qualifies for exemption pursuant to the provision 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 Twenty Five (25)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 faithful performance of this contract. The attached deposit check in the sum of 5% BID BOND Dollars ($ )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. (Uwe), acknowledge receipt of the following addenda to the plans and specifications,all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No.3(Initials) Addendum No.2(Initials) Addendum No.4(Initials) Respectfully submitted: By Q� A-\.� - L)VA,,P� AdCzsrTcN.T rnNgtgu '.TTn1 Tw 955 CEDARVIEW CEDAR HILL, TEXAS 75104 Telephone 979-299-6166 (SEAL) Date 4-6-00 =o ANDREA WAITERS Or V, NOTARYPUBLIC ; State of Texas it!,1 cOmm. EV 10-03-2001 VENDOR COMPLIANCE TO STATE LAW � r The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that,in order to be awarded a contract as low bidder,nonresident bidders _.. (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction,improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all put-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State),our principal place of business,are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State),our principal place of business,are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. A BIDDER: C N, Cc►ts"h'tyGT►DLJ{Is.�C By: S d N S• �A Ztt S (Please print) q�� C►dt>htyt� SignatorVLOF • _ CtrAAec 4Art 157%04 Title: N City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION m w CITY OF FORT WORTH,TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: STORM DRAIN IMPROVEMENTS OF COMO DRAINAGE SYSTEM PROJECT NO.Clll-030111028886 FILE NO.SD-2 DOE#: 0761 1. SCOPE OF WORK: The work covered by these plans and specifications consist of storm drain extensions and accompanying headwalls and all other miscellaneous items of construction to be performed as outlined in the Plans and Specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT:Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. 3. WORK ORDER DELAY:All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities,right-of-ways,easements and/or permits are cleared or obtained.The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 4. WORKING DAYS:The Contractor agrees to complete the Contract within the allotted number of working days. 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 work to be done or materials to be furnished under any major pay item of the contract is more than 125%of the quantity stated in the contract,whether stated by Owner or by Contractor,then either party to the contract,upon demand,shall be entitled to negotiate for revised consideration on the portion of work above 125%of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75%of the quantity stated in the contract,whether stated by Owner or by Contractor, then either party to the contract,upon demand,shall be entitled to negotiate for revised consideration on the portion of work below 75%of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price,Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15%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 cortipleted,'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 with the actual field cost as herein specified upon request,the Contractor shall provide the Director of Engineering access to all accounts,bills and vouchers relating thereto. 6. RIGHT TO ABANDON:The City reserves the right to abandon,without obligation to the Contractor,any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 7. CONSTRUCTION SPECIFICATIONS: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,2'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 Engineer. 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. CONTRACT DOCUMENTS: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"nonresponsive"and rejecting bids or voiding -� contract as appropriate and as determined by the Director of the Department of Engineering. 9. MAINTENANCE STATEMENT: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 STAKING:Construction stakes for line and grade will be provided by the City as outlined on page 17,Standard Specifications for Construction,City of Fort Worth. y. 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 6701 d Vernon's Civil Statues,pertinent �. sections being Section Nos.27,29,30 and 31. The Contractor will not remove any regulatory sign,instructional sign,street name sign or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction,the Contractor shall contact the Transportation and Public Works 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 reinstalled the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. e 12. 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 foam all his obligations hereunder which shall remain in full force until the discharge of the contract. 13. 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. I." 14. 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 Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the flll permit,including any necessary engineering studies,shall be at the contractors expense. In the event that the contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site,upon notification by the Director of +.. Engineering,contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 15. ZONING REOUIREMENTS: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. 16. QUALITY CONTROL TESTING: (a) The contractor shall furnish,at its own expense,certifications by a private laboratory for all materials proposed to be used on the project,including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate,cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City.The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the contractor for operations requiring testing. The contractor shall provide access and trench safety system(if required)for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 17. PROPERTY ACCESS:f Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 18. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels,drilling rigs,pile drivers,hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the - power company (TU Electric Service Company) which will erect temporary mechanical barriers, de- energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) 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. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph(c). 19. WATER DEPARTMENT PRE-QUALIFICATIONS: Any contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 20. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,under the expiration of three(3)years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such subcontractor involving transactions to the subcontract and further,that City shall have access during normal working hours to'all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection(c) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photo copy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus$0.15 for each page thereafter. (d) "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 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 provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct_ payment will be made for this item and it shall be considered incidental to this contract. 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. NON-PAY ITEM No.3-PROTECTION OF TREES,PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns,yards,shrubs,trees,etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance,the contractor must obtain a permit from the City Forester before any work(trimming,removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to ., negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus,all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON-PAY ITEM No.4-CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces,excluding the side slopes and curb, 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 manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension,or other dimension approved by the Engineer,meeting the aforementioned specifications. The sample,upon approval of the Engineer, shall be the acceptable standard to be applied for all constriction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen,sifter,sieve,or other means in order to provide for a uniform color distribution. NON-PAY ITEM No.5—PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If,in the opinion of the Engineer it is necessary,clean-up shall be done on a daily basis. Clean up work shall include,but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents'property If the Engineer does not feel that the jobsite has been kept in an orderly condition,on the next estimate payment (and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. NON-PAY ITEM No.6—PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction,including project clean up,and allow the contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. NON-PAY ITEM No.7—NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement,the Contractor shall notify residents,in writing,at least 48 hours in advance of saw- cutting joints during the constriction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. PAY ITEM No. 1 -UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal;however,this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the"Contractor" 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 (10%) to cover the cost of bond and overhead incurred by the contractor in handling the utility adjustments. PAY ITEM No.2-PROJECT DESIGNATION SIGN: The contractor shall construct and install two(2)Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be ' installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work,which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM No.8—PROP. 18"ROCK RIP-RAP: The following material specifications shall apply to all rock rip-rap. All rock rip-rap shall be roughly round in shape with no dimension exceeding any other dimension by a ratio of more than 3:1. Required gradations are as follows: 18"Rock Rip-Rap Gradations _ Size '%Passing by Weigth 18" 100 15" 50-80 12" 0-40 8" 0-10 Filter fabric will be provided under all rock rip-rip placements. Filter cloth will be non-woven fabric and provide an equivalent opening size(EOS)no finer than the U.S.Standard Sieve No. 100 and no courser than the U.S. Standard Sieve No.70. Filter fabric will be considered subsidiary to the unit price bid per C.Y.for"18" Rock Rip-Rap." PAY ITEM No. 10-TRENCH SAFETY: Description: This item will consist of the basic requirements which the contractor must comply with in order to provide for the safety and health of workers in a trench. The contractor shall develop,design and implement the trench excavation safety protection system. The contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing"a safe place to work"for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five(5)feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration,U.S. Department of Labor,shall be the minimum governing requirement of this item and is hereby made a part of this specification. The contractor shall,in addition,comply with all other applicable Federal,State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal,which shall be total compensation for furnishing design,materials,tools,labor,equipment and incidentals necessary,including removal of the system. PAY ITEM No. 12-TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth(compacted)over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume(full truck with sideboards up)tickets and material must meet City of Fort Worth standards for topsoil. 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PRO' ECT NUMBED.: — IS TO CERTIFY TF.&.T: CW Ooastruction, ITbc. is,at the date of this :esti rote,Insured by this Company with respect ro Ow bueinecs opexotlous has;hietler dum'bcd,for the type of io,ur000t and accordance with yrovkiow of*0 standard policies used by this Couq ahay,end flkKh$r Ix-rainaftar deseribet Fszceptims to nandord policynosed oo mveree aide bereaf. WINK r p Ethictive Rxamm heaths of L' Workces,Com ensatio 378/00-- Comprehensive Gmtcrs Bodily Nw. Liability insurance(Publ c Ea.Ocixtro cc S Liability) Properly Dump! Collapse of Building oti OrucluVU adjacent to EL 00mmnee: S cxcavatioma Don tc to undergrowu Utilities 8a."- S Buaft's Risk Comprehensive Bodily GglettY AutomobileLialAlity Es.Person: S Ea.Ocan tnov:S Properly X)kmw~ Ea. .S Bodily Injury; Contractual Liability FAI-OcchasoMes S Property DaA -, — Ira S Odepr Locations Covered;_ Dacrfptioe of opwat ms coven The above policies ei ser in the body thereof or by rppropriste eodora=cm provided drat they may trot be cha ged or cgncclod bythe in"w r m less than five(3)days of a the inamd has received written notice of such chmjWor cancethatian. Where applioable los I laws or Togulatia<s rcquire more iteral five(S)dray#actual nntiras of Chante or cancalla m to be assured,the above pu sales c"Win such special requirerttmta,either nh the body thereof or by mWoptiato endo"ement thereto attae]md. Agogi Dnployer's 99M Asaociatesr Inc. F�r Wanh AgMt By Ad&"s 16801 Addisqn ltd. #325 Title Addison, '1'x 75001 ACORDn„ CERTIFICATE OF LIABILITY INSURANCE DATE 05 24/2000 PRODUCER 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Coble-Cravens Insurance Agezicy ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 202 E. Border, Suite 201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 429 TX 76004 Arlington, TINSURERS AFFORDING COVERAGE A INSURED CNJ Construction, Inc. INSURER A: MARYLAND CASUALTY CO 955 Cedarview INSURER B: SOUTHERN COUNTY MUTUAL INS CO Cedar Hill, TX 75104 INSURER C: INSURER D: CNJCO2 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEPOLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY SCP36318732 03/10/2000 03/10/2001 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 300000 CLAIMSMADE [i] OCCUR MED EXP(Any one person) $ 10000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2000000 POLICY PRO LOC B AUTOMOBILE LIABILITY CT108570 0206/2000 02/062001 COMBINED SINGLE LIMIT (Ea accident) $ ANYAUTo 1000002 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY BND-CNJCO2- 58351 03/10/2000 03/10/2001 EACH OCCURRENCE $ 1000000 OCCUR ❑CLAIMSMADE AGGREGATE $ 1000000 DEDUCTIBLE ` $ RETENTION $ $ WC STATUS OETH- R W ORKERSCOMPENSATION AND EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLESOEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Job: Storm Drain improvements for Como Drainage System. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Nikki McLeroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Ft. Worth DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1000 Throckmorton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Ft. Worth, TX 76102-6311 IMPOSE NO 0131.14G,7N OR LIABILITY OF ANY K UPON JE INSURER, ITS AGENTS OR REPRESENTATIV AUTHORIZED RE EN TIV I - I PLM ACORD 25-S(7/97) 0 A 6ORD CORPORATION 1988 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096,Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number C111- 030111028886 CNJ CONSTRUCTION INC. CONTRACTOR R n �. Title " 5 %0) - m Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared fc�y1 s. Wa 14rS known to me be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act and deed of C-FJ I &onsfrctc fioN, SAC for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 20 Notary Public in and for the State of Texas ANDREA WALTERS NOTARY PuBUC State of Texas COMM. E ........• xp 10-03-2001 CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT JUL 112000 This agreement made and entered into this the_day of A.D., 19 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11 b 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, C11'110 CONSTRUCTION, INC. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: STORM DRAIN IMPROVEMENTS OF COMO DRAINAGE SYSTEM 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. The Contractor hereby agrees to prosecute said work with reasonable dilJ10^1 } Qei�I 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 TWENTY FIVE (25)working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him,the sum of SIXTY THREE DOLLARS($63.00) Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death,arising out of, or alleged to arise out of,the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in Part, by the negligence or alleged negligence of Owner, its ofFcers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers. servtirts or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. II 47. h 8' Qffy The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A, shall be TWENTY THREE THOUSAND SIXTY SIX AND80/100...................................................................................................... ($23,066.80) 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified,promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8counterparts with its corporate seal attached. JUL 112000 Done in Fort Worth, Texas,this the day of ,A.D., 19 RECOMMENDED: CITY OF FORT WORTH BY: U Ile WOO LIVI Va. DIRECTOR,DEPARTMENT OF CITY MANAGER ENGINEERING APPRO TRANSPORTATIONT1 LIC WORKS DIRECTOR ATTEST: CNJ CONSTRUCITON,INC. 955 CEDARVIEW CEDAR HILL,TX 75104 CONTRACTOR ' CITY ECRETARY (SEAL) B `� 5 TITLE APPROVED AS TO FORM AND LEGALITY: ADDRESS ASSI CITY.ATTORNEY Contract Authorization November 1960 _ Revised May 1986 r �� Revised September 1992 Date Clff19NLS�G?� 1"lly H7