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Home My WebLink AboutContract 26293 rr " 9 C`0NTRE CT NOpYc�(Q 9 3 CITY SECRETARY o� D.O.E. FILE SPECIFICATIONS pw CONTRACTOR'S BONDING CO. AND CONSTRUCTION'S COPY CONTRACT DOCUMENTS 10 CLIENT DEPARTMENT TO SERVE pff CITY OF FORT WORTH OR FORT WORTH CONVENTION CENTER EXPANSION AND RENOVATION STORM DRAIN IMPROVEMENTS File No. IN THE CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING NO. 3146 ��3— d�053o/�s9'9D AUGUST 2000 HUGO MALANGA, P.E. A. DOUGLAS RADEMAKER, P.E. DIRECTOR DIRECTOR TRANSPORTATION/PUBLIC WORKS DEPARTMENT OF ENGINEERING OF TFy�o� Carter& Burgess, Inc 3880 Hulen Street s.*:.............................`;*.f Fort Worth, Texas 76107 % ANGELA K. PEREIRA (817) 735-6000 �,Q'� ��••-�•. . 79320 C&B No. 010142011 ' 0 ^ c1195yep City of Fort Worth, Texas 4tayjor And Coun"R Communication DATE REFERENCE NUMBER LOG NAMEPAGE 10/17/00 C-18311 30FWCC 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO JACKSON CONSTRUCTION, LTD. FOR FORT WORTH CONVENTION CENTER EXPANSION/RENOVATION STORM DRAIN IMPROVEMENTS RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $276,748.00 from the Water and Sewer operating fund to the Water Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of$276,748.00 from available funds; and 3. Authorize the City Manager to execute a contract with Jackson Construction, Ltd. in the amount of $247,096.00 for the Fort Worth Convention Center Expansion/Renovation Storm Drain Improvements. DISCUSSION: The work to be performed under this contract consists of relocating approximately 620 linear feet of existing storm drainage facilities located on Thirteenth Street adjacent to the Convention Center. The relocation is necessary to accommodate the proposed expansion of the Convention Center now under construction. The Water Department has agreed to pay for the storm drainage relocation with the understanding that they will be reimbursed by the Transportation and Public Works Department at a later date. The project was advertised for bid on August 31 and September 7, 2000. On September 28, 2000, the following bids were received: BIDDERS BID AMOUNT TIME OF CONTRACT Jackson Construction, Ltd. $247,096.00 60 Calendar Days AUI General Contractors $273,950.50 William J. Schultz, Inc. d/b/a Circle "C" Construction Company $280,759.00 M-Co Construction, Inc. $371,637.50 Whizcon Utilities, Inc. $373,837.00 Earth Builders, Inc. $418,652.00 Omega Contracting, Inc. $430,967.96 The engineer's estimate for this project was $530,000.00. City of Fort Worth, Texas 4volljor AndCouncfil Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 C-18311 30FWCC 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO JACKSON CONSTRUCTION, LTD. FOR FORT WORTH CONVENTION CENTER EXPANSION/RENOVATION STORM DRAIN IMPROVEMENTS The low bidder, Jackson Construction, Ltd. is in compliance with the City`s M/WBE Ordinance by committing to 2% M/V1BE participation with good faith effort. The City's goal on this project is 19%. This project is located in COUNCIL DISTRICT 9, on Thirteenth Street from Houston Street to Commerce Street adjacent to the Fort Worth Convention Center. In addition to construction costs, $12,355.00 contingency is required for possible change orders,.and $17,297.00 is required for design, inspection and survey services. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation No. 1, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Project Fund. MG:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2)PW53 472045 060530175990 $276,748.00 APPROVED Mike Groomer 6140 2)PW53 541200 060530175990 $259,451.00 CITY COUNCIL Originating Department Head: 2)PW53 531350 030530175990 $ 17,297.00 A.Douglas Rademaker 6157 (from) OCT 17 2000 1)PE45 538070 0609020 $276,748.00 Additional Information Contact: 3)PW53 541200 060530175990 $247,096.00 Clty Secretary of tho A.Douglas Rademaker 6157 City of Fort Worth,Texa9 ArinntPfl flydinanrn Nn ADDENDUM NO. 1 TO SPECIFICATIONS AND CONTRACT DOCUMENTS FOR FORT WORTH CONVENTION CENTER EXPANSION AND RENOVATION STORM DRAIN IMPROVEMENTS DOE PROJECT NO. 3146 To: Prospective Bidders and Plan Holders The plans and Contract Documents shall be modified as required by the following items: Item 1 Plans Replace each of the following drawings dated 8/31/00 with revised drawings dated 9/18/00: C0.01 Coordinate Control & Proposed R.O.W. C1.01 Storm Layout Plan C1.02 Storm Drain Profile C2.01 Storm Drain Profiles Item 2 Bid Proposal Replace pages B - 6 through B - 11 of the Bid Proposal. Item 3 Special Provisions Replace page SP - 11 of the Special Provisions. All items in conflict with this addendum are hereby deleted. THIS ADDENDUM IS MADE PART OF THE CONTRACT DOCUMENTS AND SHALL BE ACKNOWLEDGED ON THE PROPOSAL AND ON THE BID ENVELOPE. CITY OF FORT WORTH DEPARTMENT F ENGINEERING ��V Ken Moss Senior Professional Engineer September 19, 2000 1 SPECIFICATIONS AND CONTRACT DOCUMENTS TO SERVE CITY OF FORT WORTH FORT WORTH CONVENTION CENTER EXPANSION AND RENOVATION STORM DRAIN IMPROVEMENTS File No. IN THE CITY OF FORT WORTH,TEXAS DEPARTMENT OF ENGINEERING NO. 3146 AUGUST 2000 HUGO MALANGA, P.E. A. DOUGLAS RADEMAKER, P.E. DIRECTOR DIRECTOR TRANSPORTATION/PUBLIC WORKS DEPARTMENT OF ENGINEERING Carter& Burgess, Inc. 3880 Hulen Street Fort Worth, Texas 76107 (817) 735-6000 i C&B No. 010142011 TABLE OF CONTENTS TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Proposal 4. Prevailing Wage Rate for 2000 5. Vendor Compliance to State Law 6. Minority and Women Business Enterprises Specifications 7. Special Provisions 8. Permits/Easements 9. Certificate of Insurance 10. Contractor Compliance With Worker's Compensation Law 11. Equipment Schedule 12. Experience Record 13. Performance Bond 14. Payment Bond 15. Maintenance Bond 16. Contract NOTIDE TO BIDDERS Sealed bids addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas for Fort Worth Convention Center Expansion and Renovation , Storm Drain Improvements consisting of approximately 730 +/- linear feet of 3'x5' precast box culvert and appurtenances, D.O.E. #3146, will be received at the Purchasing Office until_1:30 p.m., Thursday. September 28. 2000 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Bidding documents are available at the office of the Department of Engineering, Municipal Office >R Building, 1000 Throckmorton Street, Fort Worth, Texas upon a $20.00 refundable deposit if the documents are returned in good condition within 10 days after bids are opened. Bid security is required in accordance with the Special Instructions to Bidders. A mandatory pre-bid conference will be held at the City of Fort Worth's offices at the address shown above on Wednesday, September 13, 2000, at 2:00 p.m. in Room 293. No attendee may represent more than one firm for the purpose of satisfying the mandatory pre-bid conference --� requirement. ONLY BIDS RECEIVED FROM BIDDERS WHO ATTENDED THE PRE-BID CONFERENCE WILL BE CONSIDERED. 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 non-responsive. 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 contract. A copy of the Ordinance can be obtained from the Office of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with your bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render your bid non-responsive. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation') as appropriate. The MBE/WBE goal for this project is nineteen percent(19%). 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 non-responsive. For additional information, contact Ken Moss at(817) 871- 7989 BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY Department of Engineering A. DouRfIgs Radem er, Director Y Advertising Dates: John Firing, P. August 31, 2000 Manager, Engineering Services September 07, 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. 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. SI- 1 010142011 6. WAGE RATES: All bidders will be required to comply with provision 5159a of"Vemons 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. S. 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 6018, 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. 9. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923, as amended, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. In addition, the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than 5:00 p.m., five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non- responsive. Upon request, Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an SI-2 010142011 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. 10. 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. 11. PAYMENT: The Contractor will receive full payment(minus 5% retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 12. 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. 13. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certain of coverage("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. SI-3 010142011 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 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; (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 SI-4 010142011 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 verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"compensation insurance. This includes persons providing, hauling 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". SI-5 010142011 Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 15. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 16. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 SI-6 010142011 PROPOSAL FORM PROJECT IDENTIFICATION Fort Worth Convention Center Expansion and Renovation —Storm Drain Improvements THIS BID IS SUBMITTED TO: Bob Terrell City Manager City of Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, equipment and labor construction of storm drain improvements, including all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: The Fort Worth Convention Center Expansion and Renovation —Storm Drain Improvements Pursuant to the forgoing "Notice to Bidders", the undersigned BIDDER, having thoroughly examined the Contract Documents, including plans, special contact documents and the General Contract Documents and General Specifications for Department of Transportation and Public Works projects, proposes and agrees, if this Proposal is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Notice to Bidders and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 10 working days after the date of OWNER's Notice of Award. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. BIDDER will complete the work in accordance with the Contract Documents and the accompanying Schedule of Rates and Prices, and will pay not less than the Prevailing Wage Rates for Tarrant County, Texas. Proposal Form Fort Worth Convention Center Expansion/Renovation 8/29/00 Storm Drain Improvements 010142011 Page B-1 of 11 BIDDER will complete the work in accordance with the following schedule: CALENDAR Bid Unit DAYS TOTAL ALLOWED Project— Storm Drain Improvements 60 60 All work will be completed within the calendar days from the date for commencing work as set forth in the Written Work Order to be issued by the OWNER. Proposal Form Fort Worth Convention Center Expansion/Renovation 8/29/00 Storm Drain Improvements 010142011 Page B-2 of 11 Communications concerning this Bid shall be addressed to the address of BIDDER indicated below: 'hlt wolu , Awt 9 Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated i the General Conditions or Instructions. SUBMITTED ON Q , 2000. State Contractor License Number IF BIDDER is: An Individual By (SEAL) (Individual's Name) Business address: Phone No. A PartnersW By G(.� (SEAL) &XM (General Partner) ila" Business address: ,51 lJun 3wwe, Phone No. 15 � -7D-3 303 Proposal Form Fort Worth Convention Center Expansion/Renovation 8/29100 Stone Drain Improvements 010142011 y Page B-3 of 11 DESCRIPTION OF ITEMS WITH PAY TECH APPROXIMATE UNIT AMOUNT ITEM SPEC QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID STORM DRAIN 1. 101 1 L.S. Mobilization LA 1-yj AAqd'---j' Dollars & Cents per Lump Sum $ 010000`� $ 010 oo }-�' 2. 100 1 EA. Remove Existing Standard Manhole, Complete wf4 h LUyPLLk Dollars & Q Cents per Each $ $ 750-- 3. 100 1 EA. Cut and Plug Existing 42" RCP, Abandon in Place Dollars & Cents per Each $ 00 4. 100 1 EA. Cut and Plug Existing 30"Arch, Abandon in Place Dollars & Cents per Each $ 00 500 Proposal Form Fort Worth Convention Center Expansion/Renovation &29/00 Storm Drain Improvements 010142011 Page B-6 of 11 DESCRIPTION OF ITEMS WITH PAY TECH APPROXIMATE UNIT AMOUNT ITEM SPEC QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 5. 100 13 L.F. Remove Existing 30"Arch and Backfill 61 Dollars & � � lo �� Cents per Linear Foot $ -'% p 6. 100 10 L.F. Remove Existing 42" RCP and Backfill Dollars & f` Cents per Linear Foot $ 7. 100 55 L.F. Remove Existing 18" Lateral and Backfill Dollars & Cents per Linear Foot $ $ / 75- 8. 8. 100 2 EA. Cut and Plug Existing 18" Lateral, Abandon in Place two"I s Dollars & o A1110 Cents per Each Proposal Form Fort Worth Convention Center Expansion/Renovation 8/29/00 Storm Drain Improvements 010142011 Page B-7 of 11 DESCRIPTION OF ITEMS WITH PAY TECH APPROXIMATE BID UNIT AMOUNT ITEM SPEC QUANTITY PRICES WRITTEN IN WORDS PRICE BID 9. 100 86 L.F. Remove 15" Lateral and Backfill r Dollars & c� •• ' Cents per Linear Foot $ $ 10. Plans 4 EA. Connect Storm Drain Lateral to Existing Inlet and Plug Existing Storm Drain Lateral at Inlet, Complete in Place Dollars & o n Cents per Each $ 7 $ : 0 T, 11. 402 950 C.Y. Trench Excavation 114 A�) Dollars & Cents per Cubic Yard $ e` $ � 4 12. 444 2 EA. Construct Type 5 Manhole, including all Excavation, Materials, Formwork, Stubouts, Connections and Backfill, Complete in Place Dollars & w Cents per Each $ `-'�- $ /CCOO Proposal Form Fort Worth Convention Center Expansion/Renovation 8/29/00 Storm Drain Improvements 010142011 Page B-8 of 11 DESCRIPTION OF ITEMS WITH PAY TECH APPROXIMATE BID UNIT AMOUNT ITEM SPEC QUANTITY PRICES WRITTEN IN WORDS PRICE BID 13. 444 2 EA. Construct Standard 6' Square Manhole, including all Excavation, Materials, Formwork, Stubouts, Connections and Backfill, Complete in Place ' / LIJ-j Dollars & Cents per Each5w $ 14. 525 800 L.F. Trench Safety, 5'- 10' Depth Dollars & o Cents per Linear Foot $ ®`"� $ 15. 441 696 L.F. Furnish and Install 60" x 36" RCB Storm Drain, including Stubouts w/ Plugs (or Caps)as Shown in the Plans, Bedding Materials, and Backfill, Complete in Place A Ilk Dollars & ' Cents per Linear Foot $ ,✓ �y�1 16. 440 104 L.F. Furnish and Install 12" PVC Storm Drain, including Bedding Materials, and Backfill, Complete in Place JA J7, Dollars & Cents per Linear Foot $ � $ E`! Proposal Form Fort Worth Convention Center Expansion/Renovatlon 8/29/00 Storm Drain Improvements 010142011 Page 8-9of11 DESCRIPTION OF ITEMS WITH PAY TECH APPROXIMATE UNIT AMOUNT ITEM SPEC QUANTITY BID PRICE BID PRICES WRITTEN IN WORDS 17. Plans 4545 S.F. Type I Trench Repair, Complete in Place Dollars & J D4 (' Cents per Square Foot 18. Plans 888 S.F. Type II Trench Repair, Complete in Place Dollars & )I4 Cents per Square Foot 19. Plans 1379 S.F. Type III Trench Repair, Complete in Place Dollars & Cents per Square Foot $ )CP 1 $ 20. Plans 1380 S.F. Type IV Trench Repairs, including Concrete Pavement, Concrete Finishing, Formwork, Concrete Ramp and Gutters, Complete in Place Dollars & r Cents per Square Foot $ $ ))Oq V Proposal Form Fort Worth Convention Center Expansion/Renovation 8/29/00 Storm Drain Improvements 010142011 Page B-10 of 11 DESCRIPTION OF ITEMS WITH PAY TECH APPROXIMATE UNIT AMOUNT ITEM SPEC QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 21. 502 85 L.F. Install new Concrete Curb and Gutte , Complete in Place Dollars & Cents per Linear Foot $ I V✓ $ - 7�✓ 22. 524 1 L.S. Construction Barricades and Traffic Control, Complete Dollars & J��// IIC,l .' Cents per Lump Sum $ /��C,`CJ $ /c TOTAL BID 42 9 7 %C Acknowledgment of Addenda Addendum No. 1: A? 2: 3: 4: y Proposal Form Fort Worth Convention Center Expansion/Renovation 8/29/00 Storm Drain Improvements 010142011 Page B-11 of 11 BID ITEM No. 9—REMOVE EXISTING 15" LATERAL AND BACKFILL: See Standard Specification Item No. 100, "Preparing Right-of-Way" and No. 402 "Trench Excavation and Backfill for Storm Drains"for specifications governing this item. The Contractor shall remove existing 15" lateral and backfill trench as indicated on the plans or as directed by the Engineer. Measurement and Payment:All methods used for removal of existing 15"lateral shall be measured per linear foot and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. BID ITEM No. 10 — CONNECT NEW STORM DRAIN LATERAL TO EXISTING INLET AND PLUG EXISTING STORM DRAIN LATERAL AT INLET, COMPLETE IN PLACE: The Contractor shall connect new storm drain laterals to existing inlet piping as indicated on the plans or as directed by the Engineer. Contractor shall plug existing laterals after the new storm drain line is in service. Measurement and Payment: All Methods used for connecting to existing inlets and plugging of existing laterals shall be measured per each inlet and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. BID ITEM No. 17-20 — TRENCH REPAIRS, INCLUDING CONCRETE BASE MATERIAL, REINFORCED CONCRETE PAVEMENT, COMPLETE IN PLACE: Pavement Repair. The unit cost bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition thickness, etc., to existing pavement s as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 1 through 5. BID ITEM No. 22—CONSTRUCTION BARRICADES AND TRAFFIC CONTROL. COMPLETE: Construction barricades have been installed under separate contract along Houston, 13m and Commerce Streets. The City shall maintain ownership of these barricades. The Contractor is responsible for maintaining these barricades throughout the duration of this project. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the City, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering Construction Services Section by the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cuts in the street The Department of Engineering will inspect the paving repair after construction. This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Department of Engineering. Measurement and Payment: All Methods for pavement repair including concrete base material, reinforced concrete pavement, concrete curb and gutters shall be measured per square foot(length by width of pavement destroyed) and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. SP-11 010142011 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: fCY, By: (Please print) Signatur �c ei i d e►tit of a�t r-fin e,�'� .�. Zb i( 9 Title: (,etnera( Pioner City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION Vc-1 010142011 REQUEST FOR M/WBE PROJECT GOAL THIS PORTION TO BE COMPLETED BY REQUESTING DEPARTMENT Check type of project: f Construction Professional Other,please explain DEPT. NAME: �NCatAIE6QlhlC�t DATE/TIME SUBMITTED TO M/WBE OFFICE: _AUCs. 15 2000 Q i l'oo aM PROJECT NAME: -�r L,1aQM (!0AV&grIoN eEtAT JZ EXPAbaSION AMD - - - R453-0k;06301715990 WI014 S MIA DRAIN IMfROVEME S Project/DOE# 3144 (ATTACH Specifications and the Proposal which reflect the actual bidding quantities) TOTAL PROJECT ESTIMATE: $ SWC 000. co Name of Design Firm: CAMP- a 5URC�S (Fill in this blank,if this request is for a construction goal) 5. MJ EXT.: 6'I1-?989 PM AME P NTED) 7= DATE: PM'01R BUYER SIG ATURE Check here to acknowledge that if pay item quantities are added to the proposal section after an M/WBE goal has been provided by the M/WBE Office,the revised proposal must be submitted to the M/WBE Office for review. A compliance review will not be performed if additional pay items or quantities,which will potentially impact the M/WBE goal,are added to the proposal section after the issuance of an M/WBE goal. Submit a separate Request for M/WBE goal per major scope of work,unless justification can be provided for the need of only one(1)contractor. THIS PORTION TO BE COMPLETED BY M/WBE OFFICE c DATE/TIME RECEIVED BY MIWBE OFFICE: �^ M/WBE PROJECT GOAL: ® Oma_ Comments: M/WBE S C LIST: EXT.: DATE:! SIGNATURE OF SPECIALIST Rev. 09101/99 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving &Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $11.52 Front End Loader(2 1/2 CY&less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator(Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle(Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 WR-1 010142011 City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than$25,000,the 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. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 17%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 COhNSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the MIWBE Office at(817) 871-6104. Rev.6/2/96 ATTACHMENT 1A Page 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION PRI OMPANY NAME BID DATE PROJECT NAME PROJECT NUMBER CITY'S M/WBE PROJECT GOAL: t M/WBE PERCEIV'TAGE 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 knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. _ Scope of Work(`) Supplied(`) ,Z.= 0 r3 X U)�- �_ O n 6?yc 94^ g' 3 N(D Lack� Pow -7-71 -??f 7h 0 e MNYBE9 must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. A (') Specify all areas In which MWBE's are to be utilized and/or Items to be supplied: {`) A complete listing of items to be supplied is required in order to receive credit toward the MIWBE goal. (")Identify each Tier level. Tier: Means the level of subcontracting below the prime contractor/consultant,I.e.,a direct payment from the prime contractor to a subcontractor is considered lot tier,a payment by a subcontractor to its supplier is considered 2nd tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(•) Supplied(*) �-- Zx 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) 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. =BEs nd WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD uthorize Signet e y , Pri d Siggat �t,3cGfl2� �;� 4CI Pix�_#iic�yiy •Jhr. s�dt,�Y�•u �Title ' ontact Name and itle(if different) 1- A4 817- 572-3323 Ofimpany Nape Telephone Number(s) I I v 317 - 417e' 0 C_3 Address Fax Number -:h,L '?—X—cp City/State/Zip Coe Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.612198 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1B City of Fort Worth Page 1 of 1 Minority and Women Business Enterprise Specifications Prime Contractor Waiver Prime Company Name Project Name Bid Opening 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. 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. 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 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. Authorized Signature Printed Signature Title Contact Name (if different) Company Name Contact Telephone Number(s) Address Fax Number Authorized Signature Company Name Rev.6/2/98 ATTACHMENT 1C - Page 1 of 3 City of Fort Worth Minority and Women Business Enterprise GOOD FAITH EFFORT - ime Company Name Bid Date hd blvd, Cijafeiutw,) &Att. OF 3A( Project Na Project Number t LU) V)W If you have failed to secure M/WBE partici tion and you have subcontracting and/or supplier opportunities or if your M/WBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. 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. 1.) Please list each and every subcontracting and/or supplier opportunity(DO NOT LIST NAMES OF FIRMS)which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non- M/WBE. (Use additional sheets, if necessary) E List of:� Subcontracting Opportunities List of: Supplier Opportunities T�dddd( ' . f I A& . Rev.6/2/9$ ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. __Yes Date of Listing 1 , / Q No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? �es If yes, attach M/WBE mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are q�enod? /Yes If yes, attach list to include name of M/WBE firm, ep rson contacted, No phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If a SIC list of M/WBE is ten or less,the bidder must contact the entire list to be in compliance with questions 3 and 4. If a sic list of M/WBE is more than ten, the bidder must contact at least two-thirds of the list but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the MfWBEs? lies No 6.) If M/WBE bids were received and rejected,you must: (1) List the M/WBE firms and the reason(s)for rejection(i.e., quotation not commercially reasonable, qualifications,etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below (i.e.. letters, memos, bids,telephone calls, meetings, etc.) Please use additional sheets,if necessary,and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: �;C �..�" Rev.6/2/98 ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain MIWBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original 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 on this contract, by an authorized officer or employee of the City. M 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. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by 4AAut ty's MNVBE O ice. i d �g ture Pi n d Sig tur k/ ��- Title Contact Name a d Title(if different) ompany Name Telephone Number(s) R17 -- 4l'- 3 Address Fax Number 7Ld 9- '-- ity/StatelZip Date Rev.6/2/98 CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: FORT WORTH CONVENTION CENTER EXPANSION AND RENOVATION—STORM DRAIN IMPROVEMENTS DOE M 3146 1. SCOPE OF WORK: The work covered by these plans and specifications consist of storm drain improvements including storm drain piping, manholes, trenching and pavement and sidewalk repair and all other miscellaneous items of construction to be performed as outlined in the Plans and Specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. 3. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-0f-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 4. CALENDAR DAYS: The Contractor agrees to complete the Contract within the allotted number of calendar days. 5. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of work to be done or materials to be furnished under any major pay item of the contract is more than 125%of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125%of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75%of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and Department of Engineering and approved by the City Council after said work is completed, subject to all other conditions of the SP-1 010142011 contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense and all other elements of cost and expense not embraced with the actual field cost as herein specified upon request, the Contractor shall provide the Director of Engineering access to all accounts, bills and vouchers relating thereto. 6. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 7. CONSTRUCTION SPECIFICATIONS:This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 8. CONTRACT DOCUMENTS: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"nonresponsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Engineering. 9. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one(1)year from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10. CONSTRUCTION STAKING: Construction stakes for line and grade will be provided by the City as outlined on page 17, Standard Specifications for Construction, City of Fort Worth. 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 SP-2 010142011 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. PAYMENT: The Contractor will receive full payment from the City for all work. r 13. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the f 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 i� 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. 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with"1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 15. During the construction of this project, it is required that all parkways be excavated and shaped at {, the same time the roadway is excavated. Excess Excavation will be disposed of at locations approved by the Engineer. 16. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth(Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses C 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 spoil1fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification SP-3 010142011 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 reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir 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 the commercial use with air compressors as specified in Paragraph 5.4. 5.8 Backer 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. 6. CONSTRUCTION METHODS 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 from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) 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 from 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. Immediately upon cleaning, the bond breaker and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: The bond breaker rod 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. SP-8 010142011 6.4 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 40F (4C). Joints shall not be sealed unless they are clean and dry. 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. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. 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 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. 8. BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot(L.F.)as provided in "MEASUREMENT" for"SILICONE JOINT SEALING", which price of shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. BID ITEM No. 2—REMOVE EXISTING STANDARD MANHGLE, COMPLETE: See Standard Specification Item No. 100, "Preparing Right-of-Way" for specifications governing this item. The Contractor shall remove all existing standard manholes as indicated on the plans or as directed by the Engineer. Measurement and Payment: All methods used for removal of existing standard manhole shall be measured per each manhole removed and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. a^i^u ITEM No. 3—CUT AND PLUG EXISTING 42" RCP.ABANDON IN PLACE: See Standard Specification Item No. 100, "Preparing Right-of-Way" for specifications governing this item. The Contractor shall cut and plug existing 42" RCP as indicated on the plans or as directed by the Engineer. Measurement and Payment: All methods used for cutting and plugging of existing 42" RCP shall be measured per each and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. SP-9 010142011 BID ITEM No. 4—CUT AND PLUG EXISTING 30"ARCH. ABANDON IN PLACE: See Standard Specification Item No. 100, "Preparing Right-of-Way" for specifications governing this item. The Contractor shall cut and plug existing 30" arch as indicated on the plans or as directed by the Engineer. Measurement and Payment: All methods used for cutting and plugging of existing 30" Arch shall be measured per each and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. BID ITEM No. 5—REMOVE EXISTING 30"ARCH AND BACKFILL: See Standard Specification Item No. 100, "Preparing Right-of-Way" and No. 402 "Trench Excavation and Backfill for Storm Drains"for specifications governing this item. The Contractor shall remove existing 30" arch and backfill trench as indicated on the plans or as directed by the Engineer. Measurement and Payment: All methods used for removal of existing 30" Arch shall be measured per linear foot and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. BID ITEM No. 6—REMOVE EXISTING 42" RCP AND BACKFILL: See Standard Specification Item No. 100, "Preparing Right-of-Way" and No. 402 "Trench Excavation and Backfill for Storm Drains"for specifications governing this item. The Contractor shall remove existing 42" RCP and backfill trench as indicated on the plans or as directed by the Engineer. Measurement and Payment: All methods used for removal of existing 42" RCP shall be measured per linear foot and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. BID ITEM No. 7—REMOVE EXISTING 18" LATERAL AND BACKFILL: See Standard Specification Item No. 100, "Preparing Right-of-Way" and No. 402 "Trench Excavation and Backfill for Storm Drains"for specifications governing this item. The Contractor shall remove existing 18" lateral and backfill trench as indicated on the plans or as directed by the Engineer. Measurement and Payment: All methods used for removal of existing 18" lateral shall be measured per linear foot and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. BID ITEM No. 8—CUT AND PLUG EXISTING 18" LATERAL, ABANDON IN PLACE: See Standard Specification Item No. 100, "Preparing Right-of-Way" for specifications governing this item. The Contractor shall cut and plug existing 18" lateral as indicated on the plans or as directed by the Engineer. Measurement and Payment: All methods used for cutting and plugging of existing 18" lateral shall be measured per each and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. sP-10 010142011 BID ITEM No. 9—REMOVE EXISTING 15" LATERAL AND BACKFILL: See Standard Specification Item No. 100, "Preparing Right-of-Way" and No. 402 "Trench Excavation and Backfill for Storm Drains"for specifications governing this item. The Contractor shall remove existing 15" lateral and backfill trench as indicated on the plans or as directed by the Engineer. Measurement and Payment: All methods used for removal of existing 15" lateral shall be measured per linear foot and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. BID ITEM No. 10 — CONNECT NEW STORM DRAIN LATERAL TO EXISTING INLET AND PLUG EXISTING STORM DRAIN LATERAL AT INLET, COMPLETE IN PLACE: The Contractor shall connect new storm drain laterals to existing inlets as indicated on the plans or as directed by the Engineer. Contractor shall plug existing laterals at the inlets after the new storm drain line is in service. Measurement and Payment: All Methods used for connecting to existing inlets and plugging of existing laterals shall be measured per each inlet and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete r� the work. BID ITEM No. 17-20 — TRENCH REPAIRS, INCLUDING CONCRETE BASE MATERIAL, REINFORCED CONCRETE PAVEMENT, COMPLETE IN PLACE: Pavement Repair: The unit cost bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition thickness, etc., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility Cuts, Figures 1 through 5. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residential driveways shall be accessible at night and over weekends. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the City, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering Construction Services Section by the Contractor in conformance with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cuts in b the street. The Department of Engineering will inspect the paving repair after construction. This permit requirement may be waived if work is being done under a Performance Bond and inspected by the Department of Engineering. Measurement and Payment: All Methods for pavement repair including concrete base material, reinforced concrete pavement, concrete curb and gutters shall be measured per square foot(length by width of pavement destroyed) and paid at the unit cost in the Proposal, which shall be total compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to complete the work. L p,� SP-11 010142011 CERTIFICATE OF INSURANCE T0: CITY OF FORT WORTH Date: 10/04/2000 NAME OF PROJECT: Ft.Worth Convention Center Expansion and Renovation Storm Drain Improvement rPROJECT NUMBER- PW53-060530175990, DOE Project No.3146 IS TO CERTIFY THAT: Jackson Construction Ltd, 5112 Sun Valley Dr., Ft.Worth, Tx 76119 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. rTYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Uompensation TSF0001072700 10/01/2000 10/01/2001 500,0000/500,000/500,000 Comprehensive Genera Bodily Injury: Liability Insurance(Public Ea.Occurrence: $1,000,000 Liability) Property Damage: 46CQT0286 10/01/2000 10/01/2001 Ea.Occurrence: $1,000,000 Blasting 46CQT0286 10/01/2000 10/01/2001 Ea.Occurrence: $1,000,000 Collapse of Building or structures adjacent to Ea.Occurrence:$1,000,000 excavations 46CQT0286 10/01/2000 10/01/2001 Damage to n ergroun Utilities 46CQT0286 10/01/2000 10/01/2001 Ea. Occurrence: $1,000,000 Builder's Risk Comprehensive Bodily Injury: 1,000,000 Automobile Liability Ea. Person. $ Ea. Occurrence: $ 1,000,000 Property Damage: 6UENQT0287 10/01/2000 10/01/2001 Ea,Occurrence: $ 1,000,000 Bodily Injury: Contractual Liability Ea.Occurrence: $ 1,000,000 Property Damage: 46CQT0286 10/01/2000 10/01/2001 Ea.Occurrence: $1,000,000 �. Other 46HUOT0288 10/01/2000 10/01/2001 $10,000,000 Locations covered: As described above, Ft.Worth,Tx Description of operations covered: As described above The above policies either in the body thereof or by appropriate endorsement provided tht they may not be changed or canceled by the insurer in less than five(S)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more thatn five(S)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. Aaency Coble-Cravens Insurance Agency, Inc. Rob0NPuqdin i Fort Worth.Agent B y � ✓ P. O.Box 42 Address202 E. Border,Arlington,TX 76004-0429 Title President 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 PW53- 060530175990 JACKSON CONSTRUCTION,LTD. C NTRACTOR B : J � +CA PaAbV W, 9-Ac.:, n Title Date STATE OF TEXAS § ' COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared H.J© known to me be the person whose name is subscribed to the foregoing instrument,and ac kno edge to me that he executed the same as the act and deed ofJYaSfr, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ day of (410 k 20 nO �kolvy Public in and for the tate of Texas LISA A RAULSTON NOTARY PUBLIC StAth of Texas �..'..` .Fxp.09-16-2001 ErQ IPMENT 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: EXPERIENCE RECORD List of projects your organization has successfullycompleted: Amount Of Contract Award T e of Work Date Accepted Name and Address of Owner List of projects your organization is now engaged in completing: Amount Of Contract Award Type of Work Anticipated Date Name and Address of Owner of Completion List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Surety Bond Bond PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) JACKSON CONSTRUCTION LTD. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3) 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 FORTY-SEVEN THOUSAND NINETY-SIX AND NO/100............. ($247,096.00)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for the payment of which sum well and truly be made,we hereby bind ourselves,our heirs,executors,administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the _of , 2000 a copy of which is hereto attached and made a part hereof,for the construction of: (�(� 11 ^� POI FORT WORTH CONVENTION CENTER EXPANSI(7�TA1V 2fY'1�`NOVATION STORM DRAIN IMPROVEMENTS designated as Project No. (s) PW53-060530175990, 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. **INDEPENDENCE CASUALTY AND SURETY COMPANY 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 8counterparts each one of which shall be deemed an original,this the—of ,2000. ATTEST: OCT 17 2000 �^ JACKSON CONSTRUCTION,LTD. C4rrncip ecretary INCIPAL (4 � BY. Title: I �, c. (SEAL) 5112 SUN VALLEY DRIVE FORT WORTH,TX 76119 (Address) Ind endence Casualty and Surety Company aWitnes as to Principal STr - Address —�– Q 51 2 Sun Valley Dr. , Fort Worth, TX 76119 B ATTEST (Attorney-in-fact)()Patricia A. Smith P.O. Box 429 (Surety)Secrettl, Arlington, Tx 76004-0429 • (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. W• a as to Surety 202LE. Border, Arlington, TX 76010 (Address) r r . . Independence Casualty and Surety Company HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INDEPENDENCE CASUALTY AND SURETY COMPANY,a Texas Corporation,does hereby appoint: PATRICIA A.SMITH its true and lawful Attomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attomey is granted and is signed and sealed by facsimile tinder the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: `RESOLVED,that the Chairman of the Board,the President,an Executive Vee President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile.' IN WITNESS WHEREOF,INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duty authorized officers this 7TH day of APRIL 200. v� .uto G INDEPENDENCE CASUALTY AND SURETY COMPANY a � John STATE OF CALIFORNIA SS. HHannum, Viecutive ce President COUNTY OF 5AN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this Instrument by the principal or have witnessed the principars acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. Jerry Fafau ` Nancy Ruby CERTIFICATE: I,John H.Craig.Assistant Secretary of INDEPENDENCE CASUALTY AND SURETY COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is stili in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF,i have subscribed my name as Assistant Secretary,on this�_day of s Y�p 4 �GINDEPENDEN CAS AND SURETY COMPANY so � a ICS 3T oh raig,Assi nt Secretary PAYMENT BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) JACKSON CONSTRUCTION, LTD. a (2) Corporation of Texas, hereinafter call Principal, and (3) ** , 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 FORTY-SEVEN THOUSAND NINETY-SIX AND NO/100............. ($247,096.00)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly 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 _day;Q AA.D. , 2000, a copy of which is hereto attached and made a part thereof, for the construction of:: �Jl[i; rMo FORT WORTH CONVENTION CENTER EXPANSION AND RENOVATION STORM DRAIN IMPROVEMENTS Project No.(s) PW53-060530175990 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. **INDEPENDENCE CASUALTY AND SURETY COMPANY FIO THE BOND 1S 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 S counterparts each one of which shall be deemed an original,this the_day of A.D.,2000. OCT 17 2000 JACKSON CONSTRUCTION, LTD. ATTEST: P 1 AL B Y. ��L/•'� Title: (Principal)Secretary 5112 SUN VALLEY DRIVE FORT WORTH,TX 76119 (SEAL) o �'� (Address) Independence Casualty and Surety Company Witnes as to Principal S 5112 Sun Valley Drive B Fort Worth, TX 76119 (Attorney-in-fact)( atricia A. Smith Address P.O. Box 429, Arlington, TX 76004-0429 � ATTEST: (Address) (Surety)Secretary (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.. Witness as to Surety 202 E. Border,,A ington, TX 76010 (Address) IL Independence Casualty and Surety Company HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INDEPENDENCE CASUALTY AND SURETY COMPANY,a Texas Corporation,does hereby appoint PATRICIA A.SMITH its true and lawful Attomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney Is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them,is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF,INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duly authorized officers this 7TH day of APRIL 200. prsTY wqo G INDEPENDENCE CASUALTY AND SURETY COMPANY � x 8 #Hannum,txecutive STATE OF CALIFORNIA SS. Vice President COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principars acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. *Jerry4Fafa ! Nancy Ruby CERTIFICATE: I,John H.Craig,Assistant Secretary of INDEPENDENCE CASUALTY AND SURETY COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. � L^) P- IN WITNESS WHEREOF,t have subscribed my name as Assistant Secretary,on this I day of (1 CFJ YO 'PG INDEPENDEN CAS AND SURETY COMPANY ICS 37 oh raig,Assi tent Secretary MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That(1)JACKSON CONSTRUCTION,LTD.as Principal, acting herein by and through (2) Larry H. Jackson its duly authorized President and (3) ** a corporation organized under the laws of the State of TEXAS,as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of TWO HUNDRED FORTY-SEVEN THOUSAND NINETY-SIX AND NO/100............. ($247,096.00) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators,assigns and successors,jointly and severally. This obligation is conditioned, however;that. OCT 17 2000 WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth,dated the_day of_ 2000, the performance of the following described public work and the construction of the following described public improvements: FORT WORTH CONVENTION CENTER EXPANSION AND RENOVATION STORM DRAIN IMPROVEMENTS all of same being referred to herein and in said contract as the Work and being designated as project PW53- 0605301 75990and said contract, including; all of the specifications, conditions and written instruments referred to therein as contract documents being hereb} incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein;and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One (1) Year after the date of the final acceptance of the work by the City;and WHEREAS,said Contractor binds itself to maintain said work in good repair and condition for said term of One(I)Year;and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be I necessary;and., WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. **INDEPENDENCE CASUALTY AND SURETY COMPANY NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void,and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries maybe had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS,all parties covenant and agree that if any legal action be filed upon this bond,venue shall lie in Tarrant County,Texas; and, 1N WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be deemed an original,dated 2000. - ATTEST: OCT 17 2000 O� G�o�v•-- (Princ' al)Secretary (Seal) JACKSON CONSTRUCTION,LTD. / PRINCIPAL(4) B G - G 1 Pat- anc., Title:- 5112 SUN VALLEY DRIVE -n FORT WORTH,TX 76119 _ (/u (Address) Witness as to Principal 51 2 Sun Valley Drive independence Casualty and Surety Company Fort Worth, TX 76119 Sure (Address) �� ATTEST: Attorney-in-fact)(5 Patricia A. Smit P.O. 'Box 429, Arlington, TX 76004-0429 (Address) (Surety)Secret NOTE: Date of Bond must not be prior to date of Contract (SEAL) (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. Witness as to Surety 202 E. Border, Arlington, TX 76010 Independence Casualty and Surety Company HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INDEPENDENCE CASUALTY AND SURETY COMPANY,a Texas Corporation,does hereby appoint: PATRICIA A.SMITH its true and lawful Attomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney Is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them,is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF,INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duty authorized �y officers this 7TH day of APRIL 200. rv�ssr.u`o INDEPENDENCE CASUALTY AND SURETY COMPANY 'PG � STATE OF CALIFORNIA SS. #Hannum,txecutfiveVice President COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. *Jerry4Fafau Nancy Ruby CERTIFICATE: 1,John H.Craig,Assistant Secretary of INDEPENDENCE CASUALTY AND SURETY COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. I��//,�•� l� IN WITNESS WHEREOF,I have subscribed my name as Assistant Secretary,on this day of rJ Y t^o 'PG INDEPENDEN VCASIANID SURETY COMPANY A. ICS 37 oh raig,Assi ant Secretary 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 CKI\01 Z0p0 A.D., 2000, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the I Ith 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, JACKSON CONSTRUCTION,LTD., 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: FORT WORTH CONVENTION CENTER EXPANSION AND RENOVATION STORM DRAIN IMPROVEMENTS 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. F' 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. " The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 60 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 $210.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whedter or not any such injulL 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 rp 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, wltether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its o� iters. servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the pa,mcnt to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A, shall be TWO HUNDRED FORTY-SEVEN THOUSAND NINETY-SIX AND NO/100.............Dollars, ($247,096.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. H. 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. Tile Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. OCT 17 2000 Done in Fort Worth, Texas, this the_day of , A.D., 2000. RECOMMENDED: CITY OF FORT WORTH ps t -AC,<LAX AM04K� DIRECTOR, DEPARTMENT OF CITY MANAGER ENGINEERING APPROVED: "ww Wolf TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: JACKSON CONSTRUCTION, LTD. 5112 SUN VALLEY DRIVE m• FORT WORTH,TX 76119 CONTRACTOR .., AZ4 CITY CRETARY (S E A L) BY• � - Contract Authorization TITLE . / / 7— aQ Date 1■ APPROVED AS TO FORM AND 7uz 0wobt7i 71r, 701 1 LEGALITY: ADDRESS " CITY ATTORNEY November 1960 Revised May 1986 Revised September 1992 w