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HomeMy WebLinkAboutContract 26167 T CITY SECRETARY D.O.E. FILE SPECIFICATIONS I CONTRACTOR'S BONDING CO. r AND CONSTRUCTION'S COPY CONTRACT DOCUMENTS CLIENT DEPARTMENT FOR CITY SECRETARY r �'f CONTRACT NO. l r STREET IMPROVEMENTS FOR SOUTH HULEN STREET PHASE 2 (From Columbus Trail to Approx. 1,750 L.F. South) IN THE CITY OF FORT WORTH, TEXAS DOE NO.-ZM f 9/17 FILE NO. K-1581 D9 SZl L T/PW No, c1 ozoll s� 2000 KENNETH L. BARR BOB TERRELL MAYOR _ _ CITY MANAGER HUGO A.MALANGA,P.E. A. DOUGLAS RADEMAKER,P.E. DIRECTOR OF: DIRECTOR OF: TRANSPORTATION AND DEPARTMENT OF ENGINEERING PUBLIC WORKS City of Fort Worth DEVELOPER/OWNER r USA Professional Services Group, Inc. 8700 Stemmons Freeway Suite 400 k LEND �r ,{ Dallas, Texas 75247k` it USAI JOB NO. 99045.3 City of Fort Worth, Texas "ayor and Council Communication DATE REFERENCE NUMBER LOG NAMEPAGE 8/29/00 **C-18203 2000LUMBUS 1 of 2 SUBJECT AWARD OF CONTRACT TO RICHARD CARR CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE EAST HALF (NORTHBOUND LANES) OF SOUTH HULEN STREET, PHASE 2, FROM COLUMBUS TRAIL ROAD TO APPROXIMATELY 1,750 LINEAR FEET TO THE SOUTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Richard Carr Construction Company in the amount of $264,387.21 for construction of the east half (northbound lanes) of South Hulen Street, Phase 2, from Columbus Trail Road to approximately 1,750 linear feet to the south. DISCUSSION: This project consists of the construction of the east half (northbound lanes) of South Hulen Street, Phase 2, from Columbus Trail Road to approximately 1,750 linear feet to the south (see attached map). In order to eliminate a gap along South Hulen Street and a traffic safety problem of transitioning from 4 to 2 lanes, a 2-lane roadway (27 feet wide) will be constructed on the east half of South Hulen Street to provide for a continuous 4-lane divided roadway. A new traffic signal will be constructed at the intersection of Columbus Trail Road and South Hulen Street. A sidewalk will be constructed on the east side of South Hulen Street from Columbus Trail Road to approximately 1,750 linear feet to the south. Phase 1 of the project is complete. Phase 1 was constructed by a developer, Hulen Park Venture, L.L.C., adjacent to the Stone Meadow residential development. The developer constructed a 4-lane divided roadway (2-27 feet wide) adjacent to the residential development. Phase 1 also consisted of construction of the west half (southbound lanes) of South Hulen Street from Columbus Trail Road to approximately 1,750 linear feet to the south. A sidewalk was constructed on the west side of South Hulen Street and along the 4-lane divided section adjacent to the Stone Meadow residential development. Funding for the east half (northbound lanes) of South Hulen Street, Phase 2, from Columbus Trail Road to approximately 1,750 linear feet to the south will consist of $50,101.43 of New Development Funds from the 1998 Capital Improvement Program, $42,636.32 of Traffic Signal Funds and $171,649.46 from the Undesignated Fund Account of Council District 6. The project was advertised for bid on June 29, and July 6, 2000. On July 27, 2000, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Richard Carr Construction Company $264,387.21 80 Calendar Days Stabile &Winn, Inc. $275,751.92 J. L. Bertram Construction & Engineering $311,291.48 Ed A. Wilson, Inc. $356,176.50 City of Fort Worth, Texas 4volffor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/29/00 **C-18203 1 2000LUMBUS 2 of 2 SUBJECT AWARD OF CONTRACT TO RICHARD CARR CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE EAST HALF (NORTHBOUND LANES) OF SOUTH HULEN STREET, PHASE 2, FROM COLUMBUS TRAIL ROAD TO APPROXIMATELY 1,750 LINEAR FEET TO THE SOUTH Richard Carr Construction Company is in compliance with the City's M/WBE Ordinance by committing to 31% M/WBE participation. The City's goal on this project is 22%. This project is located in COUNCIL DISTRICT 6, Mapsco 103P and 103K. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MG J Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CI_I Y COUNCIL Originating Department Head: ',UG 29 2MO Hugo Malanga 7801 (from) C115 541200 020115136298 $ 50,101.43 Additional Information Contact: C115 541200 020115031138 $ 42,636.32 City Secretary of 11'e,C111 541200 020111040610 $171,649.46 City of Fort WorM Texas Hugo Malanga 7801 ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR STREET IMPROVEMENTS OF SOUTH HULEN STREET PHASE 2 DOE 117 1. Regarding Bid Item No. 9 (Seeding of the Medians/Parkways) of the Proposal Portion of the Specifications and Contract Documents: Please revise the unit from S.Y. to S.F. 2. Regarding third paragraph of City of Fort Worth Minority and Business Enterprise Specifications: Please revise the City's MBE/WBE goal from 19% to 22%. Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. ADDENDUM NO. 1 RECEIPT ACKNOWLEDGED A. Douglas Rademaker, P.E.,Director Department of Engineering Company: By: Date: 040 Approved: Rick Trice,Pt. Manager, Consultant Services ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR STREET IMPROVEMENTS OF SOUTH HULEN STREET PHASE 2 DOE#2708/3117 1. The DOE number for PHASE 2 of this project and the project number for PHASE 2 have been changed for accounting purposes. The new numbers are: DOE#3117 Project No. C 115-020115136309 Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. ADDENDUM NO. 2 RECEIPT ACKNOWLEDGED A.Douglas Rademaker, P.E., Director Department of Engineering Compan U4 ��►�`n,� By: Date: Approved: Rick Trice, P.E. Manager, Consultant Services ADDENDUM NO. 3 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR STREET IMPROVEMENTS OF SOUTH HULEN STREET PHASE 2 DOE#2708/3117 1. The project number for PHASE 2 has been changed again for accounting purposes. The new numbers is: Project No. C115-020115095216 Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. ADDENDUM NO. 3 RECEIPT ACKNOWLEDGED A. Douglas Rademaker, P.E., Director Department of Engineering Company: By: !/�--- Date: 7 Approved: / Rick Trice, P.E. Manager, Consultant Services ADDENDUM NO.4 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR STREET IMPROVEMENTS OF SOUTH HULEN STREET PHASE 2 DOE#2708/3117 1. Plans and Specifications for Bid Item#7 will be sent to all bidders by separate cover. 2. The bid opening date will be delayed until July 27, 2000 in order to allow receipt of Plans and Specifications for Bid Item#7. Project No. C 115-020115095216 Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. ADDENDUM NO. 4 RECEIPT ACKNOWLEDGED A.Douglas Rademaker, P.E., Director Department of Engineering Company: A 9 `e Fti-d�f,�ly. By: Date: Z O Approved: Rick Trice, V.E. Manager, Consultant Services 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. City of Fort Worth Standard Certificate of Insurance 8. Contractor Compliance with Worker's Compensation Law 9. Equipment Schedule 10. Experience Record ' 11. City of Fort Worth Standard Performance Bond 12. City of Fort Worth Standard Payment Bond 13. City of Fort Worth,Texas Contract r N r 11 P. NOTICE TO BIDDERS Sealed proposals for the following: FOR: CONSTRUCTION OF SOUTH HULEN STREET FROM COLUMBUS TRAIL TO APPROXIMATELY 1750 LF SOUTH FILE NO.K-1581 DOE#:2M "%'r17 Addressed to Mr. Bob Terrell,City Manager of the City of Fort Worth,Texas will be received at the Engineering Reception Desk until 1:30 PM,Thursday, July 20, 2000 and then publicly opened and read aloud at 2:00 PM in the Engineering Conference Room(Room 255A). 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. One set of documents will be provided to prospective bidders for a deposit of$20.00; such deposit will be refunded if the document is returned in good condition within(10)days after bids are opened. Additional sets may be purchased on a nonrefundable basis for twenty dollars ($20.00)per set. These documents contain additional information for prospective bidders. Bid security is required in accordance with the Special Instruction to Bidders. 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. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all Addenda may be rejected as being nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-871-7910. 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 PM, 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 nonresponsive. For additional information, contact Ben Baca PE at(817)871-8363. BOB TERRELL GLORIA PEARSON CITY MANAGER CI RETA By L - Rick Trice, PE Manager,Consultant Services Advertising Dates: June 29,2000 and July 6,2000 SPECIAL INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond, (1)the name of the surety shall be included on the current U.S.Treasury,or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 2. PAYMENT BOND AND 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 payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas,as amended. In order for a surety to be acceptable to the City, (1)the name of the surety shall be included on the current U.S.Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000 a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall be executed,in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of fort Worth. 3. 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 Fort Worth,Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. SI-1 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 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. SI-2 Upon request, Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under appropriate federal, state or local laws or ordinances relating to false statement; further,any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate is received by the City. The award of contract,if made,will be within forty-nine(49)days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT: The Contractor will receive full payment(minus 10%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, SI-3 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 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 ( ) g �P P g� g P j governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have +� known, of any change that materially affects the provision of coverage of any person providing services on the project. ` h. The contractor shall post on each project site a notice, in the text,form and manner 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; SI-4 (2) provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior 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 6. 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 SI-5 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 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 512440-3789 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 SI-6 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(overt 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 x- 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 It SI-7 r PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth,Texas FOR: Paving Improvements for: SOUTH HULEN STREET PHASE 2 DOE NO. 2708 FILE NO.K-1581 Pursuant to the foregoing"Notice to Bidders,"the undersigned has thoroughly examined the Contract Documents, Plans, Special Provisions, Standard Special Provisions,the site of the project,and understanding the amount of work to be done,and the prevailing conditions and hereby proposes to do all the work and furnish all the labor,equipment, and materials necessary to complete all the work as provided in the Plans and Contract Documents subject to inspection and approval by the Director of Transportation and Public Works of the City of Fort Worth,Texas. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish a Performance Bond 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 UNIT AMOUNT ITEM ITEM QUANTITY WITH BID PRICES PRICE BID WRITTEN IN WORDS SECTION C—PAVING IMPROVEMENTS 106 1. 3,770 C.Y. Unclassified Street Excavation Anno Dollars& Z 7 25p, T Cents per C.Y. $ 3,- $ �Z�.3Z7"— 212 2. 5,555 S.Y. 6"Lime Stabilized Subgrade ONe Dollars& Q Cents per S.Y. $ / $ Q3-3Z 212 3. 84 Tons Lime for Subgrade(30#/SY) bAkAA,&ed Dollars& Cents per Tons $ gwf 9 P- 1 SPEC PAY APPROX. DESCRIPTION OF ITEMS UNIT AMOUNT ITEM ITEM QUANTITY WITH BID PRICES PRICE BID WRITTEN IN WORDS 314 4. 5,356 S.Y. 7"Reinforced Concrete Pavement(Includes 7"Attached Curb and Silicone Joint Sealing) lve''�� llree Dollars& 7� z Cents per S.Y. $ $ /Z7lo 3,-' re 5. 1 L.S. Pavement Markings T�oiue�as/�i�d )4we Dollars & Tl"�y f/' Cents per L.S. 504 6. 1,752 L.F. Std. 4'x 4"Concrete Sidewalk ! h"f ' Dollars & !!/ Cents per L.F. $ 7. 1 L.S. Traffic Signalization (see Plans &Specifications by separate cover) $ 95ZI gsl7Z.6 cUB/ i �gp�CcC�✓1y T o lars & Cents per L.S. 8. 62 L.F. Silt Fence or Hay Bales -il,-ee, Dollars& Cents per L.F. $ 3,—' $ ZZ/ 120 9. 57,900 Seeding of Medians/Parkway SF AF Dollars& S rlJ�i Cents per S.Y. $ ®� ' $ `�• 10. 1 L.S. Storm Water Pollution Prevention ' Dollars& $ 7� $ �O 33 Wree Cents per L.S. P— 2 LSPEC PAY APPROX. DESCRIPTION OF ITEMS UNIT AMOUNT ITEM ITEM QUANTITY WITH BID PRICES PRICE BID WRITTEN IN WORDS 11. 1 L.S. C4pstruction vv a �a�lJTesting �T`�'"Dollars& / T9 Cents per L.S. $ �i f $ 7! TOTAL PAVING IMPROVEMENTS $ 3� b M7. _... P- 3 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 6 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 Streets, 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 five percent (5%)GAB Dollars Bid Bond 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. (Uwe), ac owledge receipt of the following addenda to the plans and specifications, all of the provisions and requi ments of which have been n into consid atio in preparation of the foregoing bid: dendum No. 1 (Initials) de um No. 3 (Initials) Addendum No.2(Initials) dendum No.4(Initials) Respectfully submitted: By Address 3 SD/ (p,�G�P�7`P Srti�r /cD RT- W D�2-r91 rX, T6 io Telephone l?!r•7--4/—Z/ (SEAL) Date 1 DO P- 4 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to 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 out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the 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. BIDDER: oe (Please print) �a ( oNC/C Pe,?1' ,,42 Signature: IQr�i917%, Zp-zoK 76/D 7 Title: fres 4e j City State Zip (Please print) I "` THIS FORM MUST BE RETURNED WITH YOUR QUOTATION C" of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract Is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. MNVBE PROJECT GOALS JZ 9/0 The City's MBE/WBE goal on this project is 1x21to of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form: received by 5:00 p.m.,five(5)City business days after the bid opening date, exclusive of the bid opening date. 2. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the bid opening date, exclusive of the bid opening date. 3. Good Faith Effort Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the MfWBE Office at(817)871-6104. Rev.6/2/98 PW ATTACHMENT 1A Ci of Fort Worth Page 1 of 2 Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION 7/z 7/0 0 Imo' PRIME COMPANY NAME BID DAT PROJECT NAME �0 PROJECT NU BER CITY'S 11VWBE PROJECr GOAL: WWBE PERCENTAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing -- Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. •- The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowinc misrepresentation of facts is grounds for con id ation of disqualification and will result in the bid being considerec r non-responsive to specifications. Company Name,Contact Name, Ce led Specify All Contracting Specify Aii Items to be Dollar Amount Address,and Telephone No. _ Scope of Work(') Supplied(') �.; fIry 7--Da g S�rNAe�rz�t ' 7iPA ''� s'�9� . ,�' o roRt'NaRrN if 7b/Z! Z �= A' ffy' 00 e MNYBFs must he located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. () Specify alI areas in which M WBE's are to be utilized and/or items to be supplied: (�) A complete listing of items to be supplied' required in order to receive credit toward the MJWBE goal. (")Identify each Tier level. Tier.Means the level of subcontracting below the prime contractorlconsuttant,i.e.,a direct payment from the prime contractor to a subcontractor is considered 1"tier,a payment by a subcontractor to Its supplier is considered a tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID r' OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION Company Name,Contact Name, certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. F Scope of Work(•) Supplied(*) rs V 00 o�o r ~ X aH z ~ � L' The bidder further agrees to provide, directly to the City upon request, complete and accurate information regardir actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bi The bidder also agrees to allow an audit and/or examination of any books, records and files held by their compat that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorize officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds f terminating the contract or debarment from City work for a period of not less than three (3) years and for initiatii action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance ai creates a material breach of contract may result in a determination of an irresponsible offeror and barred frc participating in City work r a period of time not less than one(1)year. LL s and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD d t C A A it D AuttlofizeV Signature t� Printed Signature NA Str/GIR.�c� S �-aA' br" Title Contact Name and Title (if different) Company Name Telephone Number(s) o �c�NCdee ri S'rr-e & e) 7.3 7 —Y 9G/ Address Fax Number G.Id am, ?Ipi07 a z A 2 City/state/Zip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER B OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. ATTACHMENT 1B City of Fort Worth Page 1 of 1 Minority and Women Business Enterprise Specifications Prime Contractor Waiver 1, f1iQ�o,✓f vct eo2,&,� /'ld 4U.���T r'i9 se �- Prime Company Name Project Name `V_Z 2'ZaO D10J1;'.3//7 Bid Olfenind Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. li* Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. FF Will you perform this entire contract without subcontractors? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No FBI' If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract,the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s)and/or WBE(s)on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. RIGS a R t, GAR K r Authorized Signature Printed Signature �, nJ -to[- Title Contact Name (if different) Ick�R L�rr�o�.l, tr troy'l,�,w�*QY geZ—13/-is f & T Company Name Contact Telephone Number(s) 3 S[ Gam C Rete Lf re yo. wper'.�, r J-,7`/o 7 Address Fax Number Rev.612198 r po SPECIAL PROVISIONS sm t PP PM CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS STREET IMPROVEMENTS FOR SOUTH HULEN STREET PHASE 2 1. SCOPE OF WORK: The work covered by these plans and specifications consist of 7"reinforced concrete paving over 6"lime stabilized subgrade 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 appear to be clear and easements obtained on this project. There is no anticipated delay. 4. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of i working days. s. 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. !ok 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 F, 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 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 ,- SP-1 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 on 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 P 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 fi A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street,2`a 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 P" 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. PM 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 defectivc due to these causes. 10. CONSTRUCTION STAKING: Construction stakes for line and grade will be provided by the City ps through USA Professional Services Group, Inc. on a one time basis. The Contractor's representative shall review and accept staking upon completion by USA Professional Services Group,Inc.,and any restaking due to destruction of stakes shall be at the Contractor's expense. Contractor shall notify Todd Turner, Survey Manager of USA Professional Services Group,Inc. (214-634-3300)with the pre-construction meeting schedule and provide ten(10)working days notification for the start of the project. y SP-2 No 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 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. 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 Pb 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 form 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. 1." 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 SP-3 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 fill 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. The property owner to the southeast of this project has offered to accept fill material if placed with compactive efforts. Compaction reports will be required from the Testing Lab. Fill shall not exceed 2 feet in height and shall be located approximately between 500 feet to 700 feet east of �^ South Hulen Street. 15. ZONING REQUIREMENTS: 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 tcsting. 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. - SP-4 17. PROPERTY ACCESS: 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 SP-5 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." 21. STORM WATER POLLUTION PREVENTION: Contractor is responsible for the installation and maintenance of silt fence/or straw bales at the north and south ends of project and seeding of median and parkway. 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 11 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 SP-6 P& 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. P 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 P1 recommended. NON-PAY ITEM No. 4-CONCRETE COLORED SURFACE: Joe 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 construction 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. i 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: 0 Sweeping the street clean of dirt or debris 0 Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents'property If the City 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 onto 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. '^ SP-7 F" IPP 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 construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. NON-PAY ITEM No. 8—PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project,the contractor shall, on a block by block basis,prepare and deliver two notices or flyers of the pending construction to the front door of each residence or business that will be impacted by construction. The two notices shall be prepared as follows: 1. Two Week Pre-Construction Notification Flyer. The first notification shall be posted two(2)weeks prior to beginning any construction activity on each block in the project area.The flyer shall be prepared on the Contractor's letterhead and shall include the following information:Name of Project, DOE No., Scope of Project(i.e.type of construction activity),anticipated construction time within the block,the name of the contractor's foreman and his phone number,the name of the City's inspector and his phone number and the City's after-hours phone number.A sample of the `two week pre-construction notification' flyer is attached. 2. Three Day Pre-Construction Notification Flyer. The second notification shall be posted three(3)days prior to beginning actual construction on each block in the project area.This flyer will also be printed on the Contractor's letterhead and shall basically serve as a follow-up letter to the two week notification flyer and shall inform residents of the actual construction duration for the neighborhood. A sample of the three day pre- construction notification flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, Copies of both flyers shall be delivered to the City Inspector for his review prior being distributed. The contractor will not be allowed to begin construction on any block until both flyers are delivered to all residents of the block. Electronic versions of the sample flyers can be obtained from the construction office at 871-8306. All work involved with the pre-construction notification flyers shall be considered subsidiary to the contract price and no additional compensation shall be made. PAY ITEM No. 1 -UNCLASSIFIED STREET EXCAVATION: See Standard Specifications Item No. 106, "Unclassified Street Excavation" for specifications governing this item. All objectionable material found within the limits of excavation shall be removed from the job site and disposed of in a manner satisfactory to the City. Removal of such shall be subsidiary to this item OL unless otherwise provided herein. ,f SP-8 r OP 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 OP the City. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. PP OW .r SP-9 CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for 1. SILICONE JOINT SEALING SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11)"Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION -CITY OF FORT WORTH,and Item 2.2.10 "Joint Sealing"of STANDARD SPECIFICATIONS FOR o' PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. op 2. DESCRIPTION This specification for silicone joint sealing shall apply to,but shall not be limited to,all ow Portland Cement Concrete street pavement and curbs. r 3. MATERIALS M i. The silicone joint sealant shall meet Federal Specifications TT-S-001543A for Class A sealants except as modified by the test requirements for the Class I, Class II and Class III silicone joint sealants of this specification. Before the installation of the joint sealants,the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealants meet these requirements. ii. The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated,documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. iii. Class I: Silicone Joint Sealant Class I low-modulus silicone joint sealant shall be used for sealing Portland Cement Concrete pavement"dummy"joints,construction joints,and expansion joints. The joint sealant shall be Dow Corning 888 silicone joint sealant as manufactured by �. Dow Corning Corporation, Midland,MI 48686-0994,or an approved equal. �. SP-10 r • Table 1: Silicone Joint Sealant Test Method Test Requirement op AS SUPPLIED Non Volatile Content,%min. 95 MIL-S-8802 Extrusion Rate,grams/minute 90 to 250 ASTM D 1475 Specific Gravity 1.450 to 1.515 MIL-S-8802 Flow,inches max. 0.2 MIL-S-8802 Tack-Free Time, minutes 35 to 75 ... Cure Time,days 7 ... Full Adhesion,days 14 to 21 op AS CURED-AFTER 7 DAYS AT 25°C(77°F)AND 50%RH ASTM D 412,Die C Elongation,%min. 1200 Pk ASTM D 412,Die C Modulus @ 150%Elongation,psi max. 45 ASTM C 719 Movement, 10 cycles @+ 100/-50% No Failure ASTM D 3583 Adhesion to Concrete, %Elongation min. 500 (Sect. 14 Mod.) ASTM D 793 Accelerated Weathering, @ 5,000 hrs. No Bond Loss 3.4 Class II: Self-Leveling Silicone Joint Sealant Class II low-modulus self-leveling silicone joint sealant shall be used for sealing Portland Cement Concrete pavement"dummy"joints,construction joints,and expansion joints. The joint sealant shall be Dow Corning 888-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation, Midland, MI 48686-0994,or an approved equal. Table II: Self-Leveline Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED ... Non Volatile Content,%min. 93 to 95 MIL-S-8802 Extrusion Rate,grams/minute 100 to 600 ASTM D 1475 Specific Gravity 1.290 to 1.390 Skin-Over Time, minutes max. 60 Cure Time,days 14 to 21 ... Full Adhesion,days 14 to 21 as r SP-11 MW On Table II (cont.) ON AS CURED -AFTER 21 DAYS AT 25°C(77-F)AND 50%RH ASTM D 412,Die C Elongation, %min. 1300 ASTM D 412,Die C Modulus @ 150%Elongation,psi max. 13 to 30 0 ASTM C 719 Movement, 10 cycles @+ 100/-50% No Failure ASTM D 3583 Adhesion to Concrete,%Elongation min. 550 (Sect. 14 Mod.) r ASTM D 793 Accelerated Weathering, @ 5,000 hrs. No Bond Loss 3.5 Class III: Self-Leveling Silicone Joint Sealant for Asphalt Aft Class III ultra-low-modulus self-leveling silicone joint sealant for asphalt shall be used for sealing the joints between asphalt shoulders and Portland Cement Concrete O, pavements. The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant for r asphalt as manufactured by Dow Corning Corporation, Midland, MI 48686-0994,or an approved equal. Table III: Self-Leveling Silicone Joint Sealant for Asphalt Test Method Test Requirement AS SUPPLIED ... Non Volatile Content, %min. 96 to 99 MIL-S-8802 Extrusion Rate,grams/minute 275 to 550 ASTM D 1475 Specific Gravity 1.260 to 1.340 ... Skin-Over Time,minutes mad. 60 ... Cure Time,days 14 to 21 ... Full Adhesion,days 14 to 21 AS CURED -AFTER 21 DAYS AT 25°C(77°F)AND 50%RH ASTM D 412,Die C Mod. Elongation,%min. 1400 ASTM D 3583 Modulus @ 150%Elongation,psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @+ 100/-50% No Failure ASTM D 3583 Adhesion to Concrete, %Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, %Elongation min. 600 (Sect. 14 Mod.) 3.6 The joint filler stop shall be of a closed cell expanded polyethylene foam backer road and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant SP-12 r" PP w� from flowing to the bottom of the joint. The backer road and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur betw them. 3.7 Reference is made to the"Construction Detail' sheet for the various joint details with their respective dimensions. 4. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement,the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail' sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy"joints,the initial 1/4 inch width"green"sawcut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure water washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of 7 days. Then the saw cuts for the joint sealant reservoir shall be made,the joint cleaned, and the joint sealant installed. During the application of the joint sealant,the weather shall not be inclement and the temperature shall be 40°F(4°C)and rising. 5. EQUIPMENT 5.1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows. 5.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 5.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 5.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable traps for the removal of all free water and oil from the compressed air. The blow-tube shall fit into the saw-cut joint. 5.5 Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. 5.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 5.7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 5.8 Back Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the joint depth and width requirements. SP-13 0- PE 6. CONSTRUCTION METHODS PP 6.1 General: The joint reservoir saw cutting,cleaning,bond breaker installation,and joint sealant placement shall be performed in a continuous sequence of operations. 6.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 6.3 Cleaning Joints: Immediately after sawing,the resulting concrete slurry shall be completely removed form the joint and adjacent area by flushing with high pressure water.The water flushing shall be done in one direction to prevent joint contamination. The joint shall be allowed to dry for a minimum of 48 hours after water flushing or rainfall..After the 48 hours the joint shall be checked for any residual moisture. If moisture persists,the drying process shall continue until there is no more moisture present. After complete drying,the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches form the face of the joint. Both joint faces shall be sandblasted in separate,one directional passes. Upon the termination of the sandblasting,the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found,the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. f Immediately upon cleaning,the bond breaker and sealant shall be placed in the joint. Open,cleaned joints shall not be left unsealed overnight. r 6.4 Bond Breaker Rod and Tape: The bond breaker road and tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. 6.5 Joint Sealant: Upon placement of the bond breaker rod and tape,the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40°F(4°C). Joints shall not be sealed unless they are clean and dry. The sealant surface shall be tooled(if a non-self-leveling silicone joint sealant is used)to produce a slight concave surface approximately one-quarter inch(1/4")below the pavement surface. The tooling shall be accomplished before a skin forms on the surface of the sealant. The use of soap or oil as an aid in tooling shall not be allowed. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. SP-14 Traffic shall not be allowed on the fresh sealant until it becomes tack-free. 6.6 Approval of Joints: A representative of the sealant manufacturer shall be present at �- the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean,dry joints before the sealing operation commences. 7. WARRANTY F" The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of ,�. charge to the City. Also,the Contractor shall provide the Engineer a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. I 8. No separate payment will be made for"Silicone Joint Sealings"as this will be subsidiary to this contract and will be included in the price bid for concrete pavement. 1� 1� (To be printed on Contractor's Letterhead) t Date: DOE No: aoo= PROJECT NAME: MAPSCO LOCATION: <}XE> LIMITS OF CONST.: <Alpha St. between Beta Street and Gamna Ln.) Estimated Duration of Construction on your Street <XX> days •:•; r:••}R' .+•i •:.• }S•:j it:i :<'�•., .:: r+'�':. r:}.•3•i:;}Y .J.' :i Y.•.3:} l'7: :::•r 7.x i:•r. y.3:>/.+. !:i:, 'S:%Y ! •r% 'i:<: Kx- , : ���' t:'3.. 5:.•::::-:.::••v'' /::.•::•:. ...} : ...,�`.. ..}:' >::•"'<�'�`�::>:::•�>:�.is THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREEr2I> CST OR AROUND YOUR PROPERTY. YOU WILL RECEIVE A SECOND NOTICE IN ABOUT TEN DAYS SHORTLY BEFORE CONSTRUCTION ACTUALLY BEGINS. IF YOU HAVE ANY QUESTIONS, PLEASE CALL Mr. <CONTRACTOR'S SUPERnrMMENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP T7-IIS FLYER 19MY WHF'N YOU CALL. (To be printed on Contractor's Letterhead) ON, Date: �.. DOE No: <xxxxx> PROJECT NAME: MAPSCO LOCATION: <}XE> LIMITS OF CONST.: <Alpha St. between Beta Street and Gana Ln.> Estimated Duration of Construction on your Street: <XX> days SP-16 PM TIV. C DEAR RESIDENT, AS A FOLLOW UP TO OUR PREVIOUS FLYER DATED THIS IS TO INFORM YOU THAT CONSTRUCTION ON THE ABOVEMMCNED PROJECT IN YOUR NEIGHBORHOOD WILL BEG132,7 IN THREE DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL IMMEDIATELY: Mr. <CONTRACTOR'S SUPER.TNTENDENT> AT <TELEPHONE NO.> OR, Mr. <CITr INSPECTOR> AT <TELEPHONE NO.> P=E KEEP =S FLYER HANDY WIMV YOU CALL. ao. ML 4� SP-17 SAGIFAX 6/291100 2:30PM C•SAGIF -3"196t T4iAkOeMOSOO PAGF 1 ACORD_ CERTIFICATE OF LIABILITY INSURANCE DATE /D 088//22 9/0000 PRI,DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Higginbotham & Assoc. , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 908 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fart Worth, TX 76101 8 7 336-2377 INSURERS AFFORDING COVERAGE IN! 1RED INSURER A:CGU R .chard Carr Construction Company, Inc. INSURER B: 3')'01 Concrete INSURER C Fort Worth, TX 76107 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INE URANCE 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 W rH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGA rE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM DD DATE MM/DDMI A GENERAL LIABILITY GRR517908 12/01/99 12/01/00 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) S1, 000,000 CLAIMS MADEFX]OCCUR MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S1,000,000 GENERAL AGGREGATE s2,000,0 0 GEN'LAGGREGATE LIMITAPPLIESPER PRODUCTS-COMP/OPAGG s2,000,000 POLICY PRO LOC -1JECT A AUTOMOBILE LIABILITY ORAG50745L 12/01/99 12/01/00 COMBINED SINGLE LIMIT $1,000, 000 X ANYAUTO (Eaaccldenl) ALLOWNEDAUTOS BODILYINJURY S SCHEDULED AUTOS (Por pwoon) X HIREDAUTOS BODILYINJURY S X NON-OWNED AUTOS (Per accident) PROPERTYDAMAGE S (Per eDddenl) GAR AGELIA81LITY AUTO ONLY-EA ACCIDENT S ANYAUTO OTHERTHAN EA ACC S AUTO ONLY: AGG S A EXCESS LIABILITY CRDW37732 12/01/99 12/01/00 EACH OCCURRENCE s5, 000,000 X OCCUR CLAIMS MADE AGGREGATE s5,000,000 S DEDUCTIBLE S X RETENTION 510 0 0 0 S STATU A WORKERS COMPENSATION AND OROOH193324 12/13/99 12/13/00 TORY IMTs °TR EMPLOYERS'LIAB I LITY EL.EACH ACCIDENT s500 ,000 EL.DISEASE-EA EMPLOYEE 5500 OOO EL.DISEASE-POLICYLIMIT S500 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORS EM ENT/SPECIAL PROVISIONS ** Supplemental Name ** Name Printed on DEC Page: Richard Carr Construction Company, Inc. Metro Builders and Design, Inc. Re: South Hulen St. (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOU LD ANYO F TH E ABOV E D ESCRI 8 ED POLICIES B E CANCEL LED B EFORE TH E EXPIRATION City of Fort Worth DATETHEREOF,THE ISSUING INSURER WILL ENDEAVOR TOMAIL1Q_DAYSWRITTEN 1000 Throckmorton N0710EMTH E CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DOSOSHALL Fort Worth, TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERJTSAGENTS OR R EPR ES ENTATIV ES. AUTHORIZ ED R EPR.F5EN TA E 61.e.rwLv SAGIPAX P/29/100 2:30PM C•SAGIFAX•OKHIGGINBOTHAM A ASSO PAGE 2 IMPORTANT R If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ..-n n - r I ❑- -n n I.,w-- SA„IFAX 6/29h 00 2:30PM SAGIFA OKHIGGINBOTHAM&ASSO PAGE 3 _....... .. _...... .. . ...... .............. .... _.._ _......_._.... _ ....... .... . ...... .. QESCRIPTIONS. (Continued from Rade 1) Construction of the East half (Northbound Lanes ) of South Hulen St. , phase 2, from Columbus Trail Rd to approximately 1750 linear feet to the south. Project #C115-020115095216 ... _ . . .. .. I00 7='I(M71c7) nL 4czA7c;gn /m4,)iA 1 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: CONSTRUCTION OF THE EAST HALF(NORTHBOUND LANES)OF SOUTH HULEN STREET,PHASE 2,FROM COLUMBUS TRAIL ROAD TO APPROXIMATELY 1750 LINEAR FEET TO THE SOUTH PROJECT NUMBER: C115-020115095216 IS TO CERTIFY THAT: RICHARD CARR CONSTRUCTION COMPANY is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence:$ Property Damage: Ea.Occurrence:$ Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. Agency Fort Worth Agent By Address Title 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 C115- 020115095216 RICHARD CARR CONSTRUCTION COMPANY CONTRACTOR By. restDe it Title g/p�/� Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared &W4 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 {1)ee3l oyf for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this '30 day of 20 QO anA�— Notary Public in and for 1(9 MARSHA DENNIS the State of Texas NOTARY PUBLIC STATE OF TEXAS My Comm.Exp.03-02-2003 PERFORMANCE BOND Bond Number: CC-27809 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) RICHARD CARR CONSTRUCTION COMPANY nd d2stual CORPORATION of TEXAS, hereinafter call Principal, and (3) ure y �ompany 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: TWO HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED EIGHTY-SEVEN AND 31/100.......... ($264,387.31)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for the payment of which sum well and truly be made,we hereby bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 29' of AUGUST, 2000 a copy of which is hereto attached and made a part hereof,for the construction of: CONSTRUCTION OF THE EAST HALF (NORTHBOUND LANES) OF SOUTH HULEN STREET, PHASE2, FROM COLUMBUS TRAIL ROAD TO APPROXIMATELY 1750 LINEAR FEET TO THE SOUTH designated as Project No. (s) C115-020115095216, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly,and faithfully perform the work in accordance with the plans,specifications,and contract documents during the original term thereof,and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. F1 PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, } State of Texas. AND PROVIDED FURTHER,that the said Surety, for value received,hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF,this instrument is executed in 8 counterparts each one of which shall be deemed an original,this the 29TH of AUGUST 2000. ATTEST: RICHARD CARR CONSTRUCTION COMPANY (Principal)Secretary P CIP BY: Title: 1 Dea T' (SEAL) 3501 CONCRETE STREET FORT WORTH,TX 76107 (Address) r ATw4uc) Cumberland Casualt Surety Company Witnessastopr, cipal Surety 5501 Address BY: w ATTEST: (Attorney-in-fac)(5) Linda W. Sinku z (Surety)Secretary 8150 Brookriver Dr. , Ste. S303 Dallas, TX 75247 (Address) (SEAL) NOTE: Date of Bond must not be - prior to date of Contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all PM Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. Witness as to S ety 1600 W. Seven -, Ft. Worth, TX 76102 (Address) .� F2 PAYMENT BOND Bond Number: CC-27809 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) RICHARD CARR CONSTRUCTION COMPANY a (2) Corporation of Texas, hereinafter call Principal, and (3) umPv f nianua ty a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of: TWO HUNDRED SIXTY FOUR THOUSAND THREE HUNDRED EIGHTY SEVEN AND 31/100............. ($264,387.31) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 29THday of AUGUST A.D. , 2000, a copy of which is hereto attached and made a part thereof, for the construction of:: CONSTRUCTION OF THE EAST HALF (NORTH BOUND LANES) OF SOUTH HULEN STREET, PHASE 2, FROM COLUMBUS TRAIL ROAD TO APPROXIMATELY 1,750 LINEAR FEET TO THE SOUTH Project No. (s)C115-020115095216 a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, 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. F10 r THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said 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, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF,this instrument is executed in 8 counterparts each one of which shall be deemed an original,this the 29THday of AUGUST A.D.,2000. RICHARD CARR CONSTRUCTION COMPANY ATTEST: BY: Title: lac® le .J (Principal)Secretary 3501 CONCRETE STREET FORT WORTH,TX 76107 (SEAL) *, (Address) Cu e land Casualt Surety Company Witness as to Principal Sure (Attorney-in-fact)(5) Address Linda W. Sinku ATTEST: (Address) (Surety)Secretary 8150 Brookriver Dr. , Ste. 5303 Dallas, TX 75247 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by �^ Attorney-in-Fact.. witiless its to sulety 1600 W. Seventh, Worth, TX 76102 A CUMBERLAND CASUALTY & SURETY COMPANY POWER OF ATTORNEY TAMPA, FLORIDA PRINCIPAL: Richard Carr Construction Co. EFFECTIVE DATE: 08/29/00 3501 Concrete St. Fort Worth Texas 76102 tSlit84s"P (Crrn (SrAM CLIP CODE) CONTRACT AMOUNT: $264,387.31 AMOUNT OF BOND: $ 264,387.31 POWER NO. CC — 27809 KNOW ALL MEN BY THESE PRESENTS: That Cumberland Casualty&Surety Company,a corporation duly organized under the laws of the State of Florida,having its principal office in the City of Tampa,Florida,pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 15th day of April, 1999, to wit: "Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as attomey(s)-in-fact,such persons, firms, or corporations as may be selected from time to time. Be it Further Resolved, that the signature of the President, Secretary and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or consents for the release of retained percentages and/or final estimates on engineering and construction contracts or similar authority or undertaking to which it is attached." Cumberland Casualty&Surety Company does hereby make,constitute and appoint Gary B. McElroy or Linda W.Sbdra or Robert A.Fergam or Mldrad F.WaaYuoa Its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead, to sign,execute,acknowledge and deliver in its behalf,and its act and deed,as follows: The obligation of the Company shall not exceed($2,000,000.00)dollars. And to bind Cumberland Casualty&Surety Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of Cumberland Casualty&Surety Company,and all the acts of said attorney(s)-in-fact pursuant to the authority herein given, and hereby ratified and confirmed. IN WITNESS WHEREOF, Cumberland Casualty&Surety Company has caused these presents to be signed by an officer of the Company and its Corporate Seal to be hereto affixed. 0&f)L CUMBE AND C SU LTY&SU COMPANY ward J. enfield IV,President WON STATE OF FLORIDA ) SS r COUNTY OF HILLSBOROUGH) On this 15th day of April,A.D. 1999,before me personally came Edward J. Edenfield IV,to me known, who being by me duly sworn did depose and say;that he resides in the County of Hillsborough,State of Florida;that he is President of Cumberland Casualty&Surety Company,the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments 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. o��YN Beverly Ann Jerry 6Commission#CC 758867 o Expires August 22,2002 ' evenly Attu J ��eo"lotro God SOF F��ATBONDEDTHRU LANTIC BONDING CO..INC. My commission expires �DUGN STATE OF FLORIDA ) SS COUNTY OF HILLSBOROUGH) I,the undersigned,Secretary of Cumberland Casualty&Surety Company,a Florida Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Tampa. Dated the 29th day of August 2000 SE/>U, Carol'S. ack,setxaary THIS BOND NOT VALID UNLESS PRINTED ON GREEN PAPER 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 29TH day of AUGUST A.D., 2000, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11`" day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, RICHARD CARR CONSTRUCTION COMPANY, 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: CONSTRUCTION OF THE EAST HALF(NORTHBOUND LANES) OF SOUTH HULEN STREET, PHASE 2, FROM COLUMBUS TRAIL ROAD TO APPROXIMATELY 1,750 LINEAR FEET TO THE SOUTH 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor,tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. ';G�O�0 °� G`:'E'�u D Q J, �� uG� 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 80 CALENDAR days. - If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of 210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper,and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or 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, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. , aK,uG':v rNU%��C�t I`;I /E D I 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work,such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 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 (includinglexcluding) alternates N/A, shall be TWO HUNDRED SIXTY FOUR THOUSAND THREE HUNDRED EIGHTY SEVEN AND 31/100...Dollars,($264,387.31). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF,the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary,with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the 29TH day of AUGUST,A.D., 2000. RECOMMENDED: CITY OF FORT WORTH �•�t�lC�CICS -- B DIRECTOR,DEPARTMENT OF V CITY MANAGER-" ENGINEERING r AP O D: TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: �. RICHARD CARR CONSTRUCTION COMPANY 3501 CONCRETE STREET FORT WORTH,TX 76107 CONTRACTOR ITY SEC TARY (SEAL) BY: TITLE 3,,D/Go,✓c ee7r - APPROVED AS TO FORM AND o'y e! MOM , TerCo 761DT LEGALITY: ADDRESS OITY ORNEY /9 oQDa Contract Authorization November 1960 Revised May 1986 Revised September 1992 Date RECORD CM%C MIRRY EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: