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HomeMy WebLinkAboutContract 26375 TO COPY FOR: /- COhIPACM CONTRACT NO CITY Y COM`' a^,�o��C COYk`3 SPECIFICATIONS exp:;�;.":° Gr all V. r1� - AND F. CG?Y CONTRACT DOCUMENTS REPAIR & REPAINT BRIDGE RAILINGS AND REPAINT LIGHT STANDARDS ON FOUR BRIDGES IN THE CITY OF FORT WORTH, TEXAS: PARK HILL @ FORT WORTH ZOO, E. 4Til OVER WEST FORK OF TRINITY RIVER, NORTH MAIN OVER WEST FORK OF TRINITY RIVER, RIVERSIDE DRIVE NORTH BOUND OVER WEST FORK OF TRINITY RIVER PROJECT NO. GS93-020930260430 JULY 2000 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGED. HUGO A. MALANGA, PE - DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS GEORGE BEHMANESH, PE - ASSISTANT DIRECTOR go DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS OF I 4 City of Fort Worth, Texas "agor and Coun"K Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/10/00 **C-18277 20PAINT 1 of 2 SUBJECT AWARD OF CONTRACT TO A-AGAPE PAINTING FOR REPAIR AND REPAINTING OF BRIDGE RAILINGS AND REPAINTING OF LIGHT STANDARDS AT SPECIFIC LOCATIONS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with A-Agape Painting in the amount of $83,490 for 100 working days for the repair and repainting of bridge railings and the repainting of street light standards at specific locations. DISCUSSION: In the 1999-2000 Contract Major Maintenance Program, various types of maintenance techniques are grouped into specific contract packages. This contract provides for the surface repair and repainting of bridge railings and street light standards at specific locations funded from the Contract Street Maintenance Fund. The following list details the location for each of the bridges included in this project: F • Bridge Location Park Hill Drive at the Fort Worth Zoo; and East 4th Street over the West Fork of the Trinity River; and North Main Street over the West Fork of the Trinity River; and Riverside Drive northbound over the West Fork of the Trinity River. This project is located in COUNCIL DISTRICTS 2, 8, and 9. F This project was advertised for bid on July 27 and August 3, 2000. On August 24, 2000, the following bids were received: BIDDERS AMOUNT A-Agaae Painting J 83,490 Williams Painting & Sandblasting Company $121,300 Architectural Utilities, Inc. d/b/a AUI General Contractors $258,800 The low bidder, A-Agape Painting, is in compliance with the City's M/WBE Ordinance by committing to 11% M/WBE participation. The City's goal on this project is 11%. City of Fort Worth, Texas qV611jor And Council Communication DATE REFERENCE NUMBER LOG NAMEPAGE 10/10/00 **C-1$277 20PAINT 2 of 2 SUBJECT AWARD OF CONTRACT TO A-AGAPE PAINTING FOR REPAIR AND REPAINTING OF BRIDGE RAILINGS AND REPAINTING OF LIGHT STANDARDS AT SPECIFIC LOCATIONS FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL Hugo Malanga 7801 (from) Q C T 10 tow GS93 541200 020930260430 $83,490.00 Additional Information Contact: Hugo Malan a 7801 City secretary of the g g Worth,Texas ,A ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR REPAIR & REPAINT BRIDGE RAILINGS AND REPAINT LIGHT STANDARDS FOR PARK HILL @ FORT WORTH ZOO, E 4T" OVER WEST FORK OF TRINITY RIVER, NORTH MAIN OVER WEST FORK OF TRINITY RIVER, RIVERSIDE DRIVE NORTH BOUND OVER WEST FORK OF TRINITY RIVER PROJECT NO. GS93-020930260430 1. Regarding Scope of Work, clarify by adding street light standards to first sentence as follows: "...applications of primer and paint to street light standards, steel railing and columns." 2. Regarding Special Provisions article 1, Scope of Work, clarify by adding an street light standards to the first sentence as follows: "The work covered by these specifications consists of repairing damaged anchor bolts and rail sections, and surface preparations and painting of the pedestrian railing and street light standards." 3: Regarding Special Provisions article 2, Award of Contract, delete words and bid alternate from first sentence. 4. Regarding Proposal, revise number of working days from (Thirty 30) to (One Hundred 100) at the bottom of page 12. r j i Approved By: Don McChesney.P.E. , Drainage Engineer L ' Q � fnW t� J a m n. co co 0 tn N ti /�/ m IL.7�.� 0- W a CL 2 Q D <t W W z � Q Q %% z z I W— W o LLJz U o � Z Q CL W • ,/ 9— , 0 Q LLJ S � W CL Jim .. � r 4 :��✓ .�,;-�..eta. J SPECIFICATIONS AND CONTRACT DOCUMENTS FOR REPAIR & REPAINT BRIDGE RAILINGS AND REPAINT LIGHT STANDARDS AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GS93-020930260430 JULY 2000 1[on A. DOUGLAS RADEMAKER,P.E. DATE llIRECTOR, DEP ENT F ENGINEERING GEORGE A. BEHMANESH,P.E. BATE ASSISTANT DIRECTOR T NS AT ND PUBLIC WORKS DEPARTMENT 7Tzc/� D&KIM,P.E. DATE CAP L PROJ r T E GINNER WATER DEPARTMENT (Ilk- �A JOE ' RNUS,P.E. DATE ASSI 'TANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Scope of Work r 4. Prevailing Wage Rates 5. Proposal 6. Minority and Women Business Enterprises Specifications 7. Special Provisions 8. Vendor Compliance to State Law 9. Performance Bond 10. Payment Bond 11. Experience Record 12. Equipment Schedule 13. Certificate of Insurance 14. Contractor Compliance With Worker's Compensation Law 15. Contract i� } i NOTICE TO BIDDERS Sealed proposals for the following: FOR: REPAIR& REPAINT BRIDGE RAILINGS AND REPAINT LIGHT STANDARDS FOR PARK HILL @ FORT WORTH ZOO,E.4T°OVER WEST FORK OF TRINITY RIVER, NORTH MAIN OVER WEST FORK OF TRINITY RIVER, RIVERSIDE DRIVE NORTH BOUND OVER WEST FORK OF TRINITY RIVER PROJECT NO. GS93-020930260430 Addressed to Mr. Bob Terrell,City Manager of the City of Fort Worth,Texas will be received at the Purchasing Office until 1:30 P.M., August 24, 2000 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans,Specifications and Contract Documents for this project may be obtained at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth,Texas. One set of documents will be provided to prospective bidders for a deposit of $20.00;such deposit will be refunded if the document is returned in good condition within(10)days atter bids are opened. Additional sets may be purchased on a nonrefundable basis for twenty dollars($20.00)per set. These documents contain additional information for prospective bidders. A pre-bid conference will be held at 10:00 A.M., August 10, 2000 in time Transportation Public Works Conference Room 270,2"d floor, Municipal Building. Bid security is required in accordance with the Special Instruction to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation") as appropriate is received by the City. The award of contract, if made,will be within forty-nine(49)days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on time PROPOSAL form. Bids that do not acknowledy receipt of all Addenda may be rejected as being nonresponsive. Information regarding time 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 by Ordinance No. 13471,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of time 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. Time 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 time City. Failure to comply shall render the bid nonresponsive. For additional information,contact Klmal Jaaf iri at (817)871-7872. BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY George Behmanesh, P.E. Assistant Director, Department of Transportation Public Works Advertising Dates: July 27, 2000 August 3, 2000 1 SPECIAL INSTRUCTION TO BIDDERS I. 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. T lie 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 perfonnance 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 I, 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. 2 6. WAGE RATES: All bidders will be required to comply with provision 5159a of"Vernons Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth,Texas and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$250,000 each person, $500,000 each occurrence, Property Damage-$300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this - state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923,as amended by Ordinance 13471,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate. Tile Documentation must be received no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder.shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of 11-aud by the Contractor will be grounds for termination of the contract and/or initiation action wider 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 3 being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11, AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate is received by the City. The award of contract, if made,will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT: The Contractor will receive full payment(minus 5%retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at(817) 871-7910. Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: T 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,off ice supply deliveries,and delivery of portable toilets. b. The contractor shall provide 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. 4 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. L 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 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, y 5 (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(I)-(7),with the certificates of coverage to be provided to tite 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". 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, 6 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 tide 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. 7 SCOPE OF WORK "rhe objective of this contract is to repair and re-paint bridge railings on four bridges in the City of Fort Worth. Repair consists of replacement of damaged anchor bolts and associated concrete repair, as needed; removal of existing paint, primer,and corroded metal; applications of primer and paint to steel railing and columns. The Contractor is encouraged to conduct site visits and survey areas to be worked on. The Contractor shall verify damaged steel and anchor bolt locations with the Construction Engineer. 8 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1999 N AIR TOOL OPERATOR $9.00 ASPHALT RAKER 9.55 ASPHALT SHOVELER 8.80 BATCHING PLANT WEIGHER 11.51 CARPENTER 10.30 CONCRETE FINISHER-PAVING 10.50 CONCRETE FINISHER-STRUCTURES 9.83 CONCRETE RUBBER 8.84 ELECTRICIAN 15.37 FLAGGER 7.55 FORM BUILDER-STRUCTURES 9.83 FORM LINER-PAVING&CURB 9.00 FORM SETTER-PAVING&CURB 9.24 FORM SETTER-STRUCTURES 9.09 LABORER-COMMON 7.32 LABORER-UTILITY 8.94 MECHANIC 12.68 OILER 10.17 SERVICER 9.41 - PAINTER-STRUCTURES 11.00 PIPE LAYER 8.98 BLASTER 11.50 ASPHALT DISTRIBUTOR OPERATOR 10.29 ASPHALT PAVING MACHINE 10.30 13ROOM OR SWEEPER OPERATOR 8.72 BULLDOZER 10.74 CONCRETE CURING MACHINE 9.25 CONCRETE FINISHING MACHINE 11.13 CONCRETE PAVING JOINT MACHINE 10.42 CONCRETE PAVING JOINT SEALER 9.00 CONCRETE PAVING SAW 10.39 T CONCRETE PAVING SPREADER 10.50 SLIPFORM MACHINE OPERATOR 9.92 CRANE,CLAMSHELL,BACKHOE,DERRICK,DRAGLINE,SHOVEL 11.04 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.00 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 11.83 FRONT END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER 10.30 MOTOR GRADER OPERATOR FINE GRADE 11.97 MOTOR GRADER OPERATOR 10.96 PAVEMENT MARKING MACHINE 7.32 ROLLER,STEEL WHEEL PLANT-MIX PAVEMENTS 9.06 ROLLER,STEEL WHEEL OTI11:R FLATWHEEL OR TAMPING 8.59 ROLLER PNEUMATIC,SELF-PROPELLED SCRAPER 8.48 SCRAPER 9.63 "TRACTOR-CRAWLER TYPE 10.58 TRACTOR-PNEUMATIC 9.15 TRAVELING MIXER 8.83 WAGON-DRILL, BORING MACHINE 12.00 REINFORCING STEEL SETTER-PAVING 13.21 6_ 9 REINFORCING STEEL SETTER-STRUCTURES 13.31 STEEL WORKER-STRUCTURAL 14.80 SPREADER BOX OPERATOR 10.00 WORK ZONE BARRICADE 7.32 TRUCK DRIVER-SINGLE AXLE LIGHT 8.965 TRUCK DRIVER-SINGLE AXLE HEAVY 9.02 TRUCK DRIVER-TANDEM AXLE SEMI TRAILER 8.77 TRUCK DRIVER-LOWBOY/FLOAT 10.44 TRUCK DRIVER-TRANSIT MIX 9.47 TRUCK DRIVER-WINCH 9.00 VIBRATOR OPERATOR-HAND TYPE 7.32 WELDER 11.57 10 PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth, Texas FOR: REPAIR& REPAINT BRIDGE RAILINGS AND REPAINT LIGHT STANDARDS FOR PARK HILL @ FORT WORTH ZOO, E.4TH OVER WEST FORK OF TRINITY RIVER, NORTH MAIN OVER WEST FORK OF TRINITY RIVER, RIVERSIDE DRIVE NORTH BOUND OVER WEST FORK OF TRINITY RIVER PROJECT No. GS93-020930260430 Pursuant to the foregoing"Notice to Bidders",the undersigned has thoroughly examined the specifications and the site,understands the amount of work to be done,and hereby proposes to do all the work and furnish all labor,equipment and materials necessary to complete all the work as provided in the plans and specifications,and subject to the inspection and approval of the Department of Transportation and Public Works Director of the City of Fort Worth. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums,to-wit: PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID BRIDGE NO. 1: PARK HILL —DRIDGE OVER FORT WORTH ZOO: Repair and Repaint Bridge Railings and Repaint Light Standards. No attempt would be made to remove all the existing primer,paint,or corroded steel surfaces,but loose coating would be hand removed in accordance with Special Provision 9. I. I LS. REPAIR& REPAINT BRIDGE RAILINGS &REPAINT LIGHT STANDARDSdob -m-w4cew -ryw4a�a F��� +�drw(AW►o Sollars& $ {3 $ 6 o0 AAA Cents Per LS. 2. 4 EA. REPLACEMENT OF DETERIORATED ANCHOR BOLTS o Dollars& $ Lde�^ $ Oo �— MIA Cents Per EA. PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID BRIDGE NO.2: E.4 T1 STREET BRIDGE OVER WEST FORK OF TRINITY RIVER: Repair and Repaint Bridge Railings and Repaint Light Standards. No attempt would be made to remove all the existing primer,paint,or corroded steel surfaces,but loose coating would be hand removed in accordance with Special Provision 9. 1. 1 LS. REPAIR&REPAINT BRIDGE RAILINGS &REPAINT LIGHT STANDARDS g—b 'fwavi��7.e�z..� Jamey S1�/ /Lw�di►..� Dollars& JY� Cents Per LS. 2. 4 EA. REPLACEMENT OF DETERIORATED ANCHOR BOLTS -Z&iliifi� Dollars& $ $ 800am_ — 440 Cents Per EA. II PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID BRIDGE NO.3: RIVERSIDE DRIVE NORTH BOU"'D OVER WEST FORK OF TRINITY RIVER: Repair and Repaint Bridge Railings and Repaint Light Standards. No attempt would be made to remove all the existing primer,paint,or corroded steel surfaces,but loose coating would be hand removed in accordance with Special Provision 9. 1. 1 LS. REPAIR&REPAINT BRIDGE RAILINGS & REPAINT LIGHT STANDARDS00 $ewerv�..vT� Dollars& $ Booms $ j ,oto Cents Per LS. 2. 4 EA. REPLACEMENT OF DETERIORATED ANCHOR BOLTS Two dmPua(tryo( Dollars& ea 00 A/G Cents Per EA. $ �— PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL. ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID BRIDGE NO.4: NORTH MAIN STREET OVER WEST FORK OF TRINITY RIVER: Repair and Repaint Bridge Railings and Repaint Light Standards. No attempt would be made to remove all the existing primer,paint,or corroded steel surfaces,but loose coating would be hand removed in accordance with Special Provision 9. 1. l LS. REPAIR&REPAINT BRIDGE RAILINGS & REPAINT LIGHT TANDARDS so— nine,71ivy,�.. _ni?e7zie� rvjn t/eDollars& $ 2 DSS $ Z o4s /1/O tents Per LS. ^ 2. 4 EA. REPLACEMENT OF DETERIORATED ANCHOR BOLTS `Two Mccovy-4 Dollars& Qo ob Cents Per EA. TOTAL BID This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction. are subject to State sales taxes under House Bill 11,enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Thirty (30)Working Days from and after the date for commencing work as set forth in the written Work 12 Order to be issued by the Owner and to pay not less than the"Prevailing Wage Rates for Street, Drainage and Utility Construction"as established by the City of Fort Worth,Texas. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of ?� Y,7-0 Dollars ) is to be forfeited in the event the contract and bond are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. (I/we), acknowledge receipt of the following addenda to the plans and specifications,all of the provisions and requirements of whit ave been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No.3 (Initials) Addendum No.2(Initials) Addendum No.4(Initials) Respectfully submitted: By Address /�d� ✓�r�f✓���L Telephone 4d e44,1. - (SEAL) Date 13 AUG-28-2000 03:08P FROM: TO:18178718092 P:4/6 AUC-24-00 THU 04:13 PM EAX:8718092 PAGE Cityof Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR 8111DERS 1, X"LICATiON QE POLICY If the total dollar value o the contract is $26,000 or more,the MANSE good is applicable. If the total dollar value of the contract is less than 526 000.the MANSE Wal ifs not appiiCAbie. �' POLICY STATEMENT b It is the poiicy of the City of Fort Worth to ensure the full and equitable participation by MinoritytWomen Business Enterprises(MNVBE)in the procurament of all goods and services to the City on a contractual t;asis, The objective Lu of the Policy is to increase the use of MNVBE firms to a level comparable to the availability of MNVBEs that provide goods and services directly or indirectly to the City. MIWBE PROJECI QOALS • The City's MBEJINBE 9021 on this project is- ,4C of the base bid value of the conlrad. CgOMPLiANCE TO 13113 SPEGiFICATIONS la on City contracts of$25,000 or more,bidders are required to comply with the intent of the City's MAYBE Ordinance by either of the following: 1. Meet or exceed the above stated MNiBE goal,or, 2. Good Fntth Effort documentation, or; 3. Waiver documentation, SUBMITTAL OF J3EQUIRE0 DOCUMENTATION The applicable documents must be received by the Managing Department,within ft following times allocated, in order for the entire bid to be considered responsive to the specificaOons. 1. MMIBE tJtilizz0on Forrr.: received by 6:00 p.m.,five(6)City business days after the bid opening date,exclusive of the bid opening date. 2. Prime Contractor Waiver Form: received by 5:00 pm,,five(5)City business days after the bid opening date.exclusive of the bid opening date. 3. Good Faith Effort Form: received by 6:00 p.m.,five(5)City b6atriess days after the L, bid opening date.exclusive of the bid opening date. La FAILURIe TO COMPLY VATH THE CITY'S WI WBE ORDINANCE,WiLL RESULT IN THE BID BEING C0NSI13EREO NON-RESP0NSiV E TO SPECIFICATIONS. L Any questions,ploase contact the MNYSE OMce at(SiT)871-6104. , . L Fiay.N?!e8 L ATTACHMENT 1A City of Fort Worth Page 1 of 2 Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION trvtE COMPANY NAMEl 810 DATE /�� _ yrs t''A —0201030 24, 6y30 PROJECT NAME PROJECT NUMBER _.Tl"SPIAV8E PROJECT GOAL: 61AVQE PERCENTAGEACIIIEVED: ilure to complete this form, in its entirety with supporting documentation, and received by the Managing Department or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,will result in the bid ^eing considered non-responsive to bid specifications. e undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this ,-chedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing Pm:srepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered n-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(*) ,� U o o iv CL X in z MIWBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. po 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 MNVBE goal. 1"l Identity each Tier level. Tier:Means the level of subcontracting below the prime contractorlconsultant,L�subcontractor from the prime contractor to a subcontractor Is considered 1"tier,a payment by its supplier is considered 2"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 AIJG-28-2000 03:08P FROM: TO:18178718092 P:5°6 AUG-24-00 THC 04:14 FM FAX;8718092 PAGE 3 ATTACHMENY 1A Page 2 of 2 City of Fort Worth L Minority and Women Business Enterprise Specifications A MB ,NSE LJTII IZATION i Company Name,Contact Name, Certifled Specify&U,Contraating Spsetry&I kerns to be Dollar Amount Address.and Telephone No. Scope of Worts(') Supplied{•i Y Q Y 4jw z l s��. rufZ�✓3S1� � 1 �,g aewZ/2�Qe'T ' AAAQI c -na�,� i he bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding R �Vctual work performed by all subcontractors, Including MBE(s) and/or WBE(c) 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 till substantiate the actual work performed by the MBE(s) and/or WBE(s)on this contract, by an authorized officer or r �4wployee 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 Inderal, 4'tate or Local laws concerning raise statements. Any failure to comply with this ordinance and creates a material Lreach of contract may result In determination of an Irresponsible offeror and barred from participating In City work for a period of tl not tots than one(1)year. s Es and WBEs MUST BE CERTIFIED BY THE Cr7Y BEFORE CONTRACT AWARD N A605ofted Signature P S re - f�uSlnl E CdRa t Name an Title(if d' erent) AWL 54.E- 46 9 _ ompany Name Telephone Number(a) LAS T. _ '0&— .Qcjg - ; 'ddroas Fax Number .E46 DS k2 City/$tatemp Code Date f 6 r THiS FORM MUST DE R@C9IVI!0 BY THEKANAGINO DEPARTMENT BY 3.00 p.m.,FiVE(5)CITY BUSINESS DAYS AFTER BID OPENING.EXCLUSIVE OF THE Bit)OPENING DATE Row.612198 Pages 1 and 2 of Attachment 1A must be received by the Managing Department AUCs-28-2000 03:09P FROM: TO:18178718092 P:6/6 AUG-24-00 THU 04:15 PM FAX:8718092 PAGE 4 ' ATTACHMENT 16 Lr City of Fort Worth Pago 1 of t Minority and Women Business Enterprise Specifications Prime Contractor Waiver 1 46 =66*6E COw7led 6!4_-T7-'VC- ZeaJ=:J1%odJ 4ha(d QZ�_ rAftX.V s7a I°a Prime C rnpani Name Project flame TJM%)►yraf aE�VSR- E'T G, LBid Open! g ata Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good f=aith Effort Form). All question*on this form must be completed and a detailed explanation provided, if applicable. if the answer to either question is NO,then you nW complete ATTACHMENT 1C. This form is only applicable It both answers are yes. Failure to cortiplete this Corm in its entirety and be received by tlte.Mananing Daoartment on or 4efore 5;00 p.m.,five (6) City business days afteF bid opening,exclusive of the bid opening date, will result in the bid being considered non-responsive to bld 5paciflcations. i Will you perforin 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 W your business. Will you perform this entire contract without suppliers? Yes V No r It yes, please provide a detailed explanation that proves based on the size and scope of t to 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 MBEs) andror WBE(s)on this contract, the payment therefore and any proposed changes to the original MBE(s) andlor WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit andlor examination of any books, records and files held by their company that inti substantiate the actual work performed by the MBE(s) andlor WBE(s) on this contract,by an authorized officer or employee of the City.Any intentional andlor knowing misrepresentation of facts will be grounds l for terminating the contract or debarment from City work for a period of not less than three (3) years and for initlating 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 tha one(1)year. s - L A riizz`edSiigg/nattu,re Printed Signature L Title Contact Name (if different) A��s,�i �w w �_ 42Z - y��- Egg LCompany Name C ntact Telephone Number(s) I Address Fax Number I 41-1 d �C /�' I w Ir Authorized am- Authorized Signature Company Name Rev.842/98 ii � 4 �, .� �� �M��. ��• .'"� '�1 ��{ rMl; .� F � 1► _'�p"i� .��. '�"� ai+d!r �7�It, .�. �� .a4R'l� � . i r` i II • _ '� i tic -ks ♦ S Ar IS I r �• 1- �� . F{y'- _ 6Je'.a"�i•��F • 1T t� 't . �,•i � /` . . �k �-�..• �— - }_N���}�. �•" �' ■ ,x�. �- ■ r ■ w AUG-28-8000 03:07P FROM: TO:18178718092 P:3/6 U moose faft of Historically Underutilized Business Certification and Compliance Program Gel The General Services Commission (GSC) hereby certifies at WALNUT HILL PAINT CO INC has successfully met the established requirements of th State of Texas' Historically Underutilized Business (HUB Certification and Compliance Program to be recognized as HUB. This certificate, printed 02105100,supersedes any registr6tign and Mrtifleate PMAOu Issued by the GSC's HUB Certificatlan and Compliance grogram. It then are any chanes ■riling the information (i.e., business structure, ownership, day-to-dey managerrmml. o rattonal rntrol, addresses, phone and fax numbers or authorized signatures) provided In the submiss n of the business' application for HUB certification with the GSC, you must Immediately (with 30 days of such Chang") notify th*WC's HUB Certification and Compliance Program In nInlf t . The Commission reserves the right to conduct s compliance review at any time to oofifi "us eligibility. HUB oenificstion may be suspended Or revoked upon findings of Ifneli0ibli Corti/icateNiD Number: 1757456035200 ReNendor Number: 60998 A-0-Fort-L. Hatt, r ► m hector Date of Approval: 02/01/00 Generali" ervlcof Geo r+ lsaiorf Epp/ration Date: 02/01/02 (512) 463-5872 Note: In order for State agencies and Institutions of hlaber education(untwersitlea) be credited for utiiizins this business as a HUB, they must award payment under the Certificate Q kwn�ber identified above. Agencies and univeraities are encouraged to validate HUB certl prior to Isauin� a notice of award by scoe"np the Internet (httpJtwww. state.tx.ua/) or camacting the (�1SC'• HUB Certification and Compliance Program at (baa) 881 or(512) 72. CITY OF FORT WORTH,TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: REPAIR& REPAINT BRIDGE RAILINGS AND REPAINT LIGHT STANDARDS FOR PARK HILL @ FORT WORTH ZOO, E.41"'OVER WEST FORK OF TRINITY RIVER, NORTH MAIN OVER WEST FORK OF TRINITY RIVER, RIVERSIDE DRIVE NORTH BOUND OVER WEST FORK OF TRINITY RIVER PROJECT NO. GS93-020930260430 rI. SCOPE OF WORK: The work covered by these specifications consist of repairing,damaged anchor bolts and rail sections,and the surface preparation and painting of the pedestrian railing. The work shall include all other miscellaneous items to be performed as outlined in the Specifications that are necessary to satisfactorily complete the work. Prior to beginning operations,a conference between the Contractor's representative and the City will be arranged by the City. In this meeting,the Contractor will be required to outline the proposed cleaning and painting procedures,sequence of work to be followed,estimated progress schedule and give his plans for performing the work while providing for safe traffic control at all times. The Contractor shall not hold the City of Fort Worth responsible for delay in work order of this contract. The Contractor agrees to complete the Contract within the allotted number of working days. I f the Contractor fails to complete the work within the number of working days specified, liquidated damages shall be charged,as outlined in Part I, Item 8, Paragraph 8.6,of the "General Provisions"of the Standard Specification for Construction of the City of Fort Worth,Texas. This contract and project are governed by the two following published specifications,except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION-CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION- NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street,2"d Floor, Municipal Building, Fort Worth,Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown,then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division I of the North Central Texas document. The work of surface preparation and painting shall be governed by Item 446 of- STANDARD fSTANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES, 1993,TEXAS DEPARTMENT OF TRANSPORTATION. A copy of this document may be purchased from the Texas Department of Transportation. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bid or bidder. The Director of the Department of Transportation and Public Works shall evaluate and recommend to the City Council the bid and bid alternate which is considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. I4 20 3. PAINT REMOVAL AND DISPOSAL: The Contractor is responsible for compliance with Y applicable Federal and State regulations and industry standards when performing the work of paint removal,handling and disposal, including but not limited to: a. Removal of Lead Coatings: ANSI Z88.2,29 CFR 1910,29 CFR 1926,30 TAC 101,30 TAC 106,and 30 TAC I 11. b. Identification and Classification of Wastes: 40 CFR 260—262,and 30 TAC 335. c. Transportation and Disposal of Lead Materials: 40 CFR 263,40 CFR 268,49 CFR 171 — 173,49 CFR 178,and 30 TAC 335. d. Nuisance: 30 TAC 101.4 e. Dry Abrasive Cleaning: 30 TAC 106.452 f. Other Sources: 30 TAC 111.1 11 (a)(8) The Contractor is responsible for the control of waste material generated during the Project. The Contractor shall utilize a shroud/tarp in a manner that protects the surrounding environment and collects all waste material generated at the site. The type of shroud/tarp is to be approved of in advance,prior to use. Any shroud/tarp used during the Project shall be free of holes or tears and shall be anchored to the bridge. If one or more shrouds/tarps are utilized in series the seams shall overlap. Waste material shall be removed from the shroud/tarp frequently and waste material shall be stored in DOT approved 55-fallon steel drums. Waste generated from the project shall be stabilized using Portland Cement Concrete,(item 4408,City Specs.) in order to reduce the ability of the Lead to leach from the waste. By stabilizing the waste material,the resulting material should gain a Non-Hazardous Waste classification. All waste shipment manifests must be reviewed,approved,and signed by a City representative. The disposal site is to be approved of by the City,prior to any shipments. 4. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during construction of this project consistent with the provisions set forth in the"1980 Manual on Uniform Traffic Control Devices for Streets and Highways"issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways",codified as Article 6701d Vernon's Civil Statutes. pertinent sections being Section Nos.27,29,30,and 31. The Contractor will not remove any regulatory sign, instructional sign,street name sign,or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction,the Contractor shall contact the transportation and Public Works Department,Signs and Markings Division 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 specifications,the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed,the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. 21 5. PROJECT DESIGNATION: The Contractor will be required to construct, install,and maintain two (2)Type"B"project designation signs a subsidiary item to this contract. 6. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 7. PROJECT SCHEDULE AND WORK PLAN: It shall be the responsibility of the Contractor to furnish the Construction Engineer,prior to construction,a schedule outlining the anticipated time each fphase of construction will begin and be completed, including sufficient time being allowed for cleanup. Contractor will not move on to the job site nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Contract start date would be outlined in the Work order notice. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. In addition,the Contractor shall provide a Job Specific Removal and Containment Plan for the work procedures to be used in the removal and containment of lead contaminated wastes. The plan shall be submitted to the City prior to beginning the work. The plan shall include the following: a. Detailed work schedule. b. Written quality control program. �. c. Written worker health and safety program. d. Protection measures for protection of surrounding area. e. Details of method of containing and collecting waste materials. 8. TESTING: The City shall provide payment for laboratory services for the following tests for Lead. The authorized laboratory for this Contract is Armstrong Forensic Laboratories, Inc.,300 Loch'n Green Trail,Arlington,Texas, 76102(phone 817-275-2691 and fax 817-275-1883). All samples submitted to Armstrong shall be billed directly to the City and paid under a separate contract between the City and Armstrong. In the case that re-testing is required,cost to re-test would be deducted from IP retainage or final payment. a. Soil Sales: A total of eight soil samples will be collected and analyzed for Total Lead prior to the start of construction work to establish the baseline Lead soil concentration. After substantial completion of the Project and prior to final acceptance,eight additional soil samples shall be collected and submitted for Total Lead analysis. The City will be responsible for the costs of the initial and post sampling analysis;however, if the post sampling indicates unacceptable Lead content,any subsequent analysis is at the cost of the Contractor. b. Waste Characterization: After the Contractor stabilizes the Lead waste material a single sample from each 55-gallon drum of stabilized waste material will be collected and submitted for TCLP Lead Analysis. The City will be responsible for the analysis cost of the first round of sampling; however, if additional sampling is required in order to gain a Non-Hazardous Waste classification, the Contractor is responsible for the additional analytical costs. c. Location of Soil Samples: Soil sample locations shall be determined by the City's representative. 22 d. The Contractor shall be responsible for any soil contamination resulting loom the removal,storage, handling or disposal of hazardous materials from the site. As a requirement of Final Acceptance by the City,the City will verify that no soil contamination has occurred from the Contractor's work and the City must receive properly completed and signed Waste Manifests from the disposal facility. If soil contamination is found,the contractor must submit a site remediation plan in accordance with all Federal,State,and local regulations to be enacted immediately upon approval by the city at the contractor's expense. 9. HAND CLEANING: Class "C" cleaning will be required for spot cleaning to remove all loose IP coatings. Spot cleaned areas shall be primed with two coats of primer. 10. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches,painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes,derricks,power shovels,drilling rigs,pile drivers,hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage- type guard about the boom arm,except back hoes or dippers,and insulator links on the lift hood connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company(TU Electric Service Co.)which will erect temporary mechanical barriers,de- energize the line,or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company,and shall record action taken in each case. (4) The Contractor is required to make arrangements with TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole expense. (5) No person shall work within six feet of a high voltage line without the protection having been taken as outlined in paragraph(3). 11. 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. 12. Bidders shall not separate,detach or remove any portion,segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"non-responsive"and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Engineering. 13. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materiais 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. 23 14. PAYMENT: The Contractor will receive bi-weekly payment(minus 5%retainage)from the City for all work generated within a pay period. Payment of the remaining amount shall be made with final payment and upon acceptance of the project. 15. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work,except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time,his application for which shall,however,be subject to the approval of the City Council;and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 16. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until tite expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final F payment under the subcontract,have access to and the right to examine and photocopy any directly pertinent books,documents,papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photo copy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: I. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus$0.15 for each page thereafter. (d) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books, documents,papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 17. PAYMENT FOR CONSTRUCTION NON-PAY ITEM No. I -PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered m an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. 24 r If, in the opinion of the Engineer it is necessary,clean-up shall be done on a daily basis. Clean up work shall include,but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off or under bridge property. If the Engineer does not feel that the jobsite has been kept in an orderly condition,on the next estimate payment(and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the painting has been completed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. PAY ITEM No. I -REPAIR& REPAINTING OF BRIDGE RAILINGS: Pay item will cover surface preparation, existing paint removal and repainting. Methods of surface preparation and repainting would be according to TXDOT 1993 Specifications (Item#446). All paints are required to comply with department material SPEC. D-9-8100 and shall be purchased in open market. a. REPAIR OF DAMAGED RAIL: Contractor shall repair and/or replace damaged members of pedestrian rail with equal or higher grade steel members. Damaged members of rail shall be repaired by straightening or by cutting out and replacing by equal or higher grade steel. Approval of repair shall be obtained before application of primer and paint. b. CLEANING: Contractor shall remove only loose coatings,utilizing hand tools as needed. c. PRIMER AND PAINT: Primer shall be the Sherwin-Williams recoatable epoxy primer B67 Series/B67V5 4 Mils DFT,or approved equal. Finish shall be two coats of Sherwin-Williams hi-build aliphatic polyurethane B65 Series/1360V2 3 mils DFT for each coat, or approved equal. Park Hill: Jones Blair 4-2504D or equal, E.4`h, Riverside, and North Main: Shencin- Williams Essex Green or equal. The complete coating system for an individual project shall be supplied by the same manufacturer and applied to manufacturer's specifications. It, after the final prime coat and before the appearance coat has been applied,time has lapsed such that road film from rain or other occurrences have contaminated the primed surface, the entire primed surface of the structure will be pressure washed using a biodegradable detergent and flushed with clean fresh water and thoroughly dried before application of the appearance coat. The Contractor shall secure from the paint manufacturer labor form LSB-OOS-4, "Materials Safety Data Sheet" for each of the coatings to be used on this project. d. PROJECT DESIGNATION SIGN: The contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint,painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4' fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. I ' 25 The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. PAY ITEM No.2-REPAIR OF DAMAGED CONNECTIONS: Contractor shall remove and replace anchor bolts,which on the basis of inspection during construction are deemed necessary by the Engineer. This work will include replacing deck structure materials removed in the process of replacing the deteriorated bolts, in accordance with applicable provisions of Ir the Standard Specifications for construction of highways,streets,and bridges, 1993,Texas Department Iof Transportation. f r r r r F I r r r f 26 EXPERIENI'r RIECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Com letion List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety 32 EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: 33 VENDOR COMPLIANCE TO STATE LAW P p 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. P 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: By: �/ -- (Please print) i Signature: Title: City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 27 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 10h day of October 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 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and A-Agape Painting 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: REPAIR & REPAINT BRIDGE RAILINGS AND REPAINT LIGHT STANDARDS ON FOUR BRIDGES IN THE CITY OF FORT WORTH, TEXAS: PARK HILL DRIVE AT THE FORT WORTH ZOO EAST 4T" STREET OVER THE WEST FORK OF THE TRINITY RIVER NORTH MAIN OVER THE WEST FORK OF THE TRINITY RIVER RIVERSIDE DRIVE NORTHBOUND OVER THE WEST FORK OF THE TRINITY RIVER Designated as project number, GS93-020930260430. 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 all the Plans, Specifications and Contract Documents prepared by the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Qqy Worth, which Plans, Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Transportation and Public Works ' Department 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 Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 100 (One Hundred) working days. If the Contractor should fail to complete the work as set forth in the Plans, 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 $ 154.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in mart, by the negligence or aIle eq d 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 C-2 I,�fiu asu&t officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owre; its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be One Hundred Percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by Contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates shall be: EIGHTY THREE THOUSAND, FOUR HUNDRED NINETY DOLLARS AND NO CENTS $83,490.00 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 Transportation and Public Works Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of the Special Instructions to Bidders of the Contract Documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 161 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six 6 counterparts with its corporate seal attached. C-4 FTI '!v'117119 TU Gl-n1,IJi�C�iiY U,L511WU5 U Done in Fort Worth, Texas, this the 10th day of October ' 2000 . CITOR FOR O ASSISTANT CITY MANAGER APPROVED: DIRECTOR, NSPORTATIOM AND PUBLIC WORKS ATTEST: (Contractor) ' CITY, ECRETARY (SEAL) BY: 6A., ei�S 0 (Representative) (TITLE) ,. 6.5 &d-A), APPROVED AS TO FORM & (Address) LEGALITY: ?,1,4de U)41fee �.�CZLS1 (City/State/Zip) ASSIS NT CITY A17-CONEY :contract Authorization November 1960 /0— /V -V 00 6 Revised May 198 ,_ Revised September 1992 Date ' Revised January 1993 Revised April 1999 Revised June 1999 1�Vh4@G� C�G "IrR® c-s CITY MU °QY One original & 5 duplicate originals PAYMENT BOND - Bond #ASB42-04-0046 THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we,A-Agape Painting a partnership of Greg County, Texas , hereinafter called Principal and (3) American Safety Casualty Insurance Company , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of: Eighty Three Thousand,Four Hundred Ninety Dollars and No Cents $83,490.00 lawful money of the United States,to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner dated the loth day of October ,2000, a copy of which is hereto attached and made a part hereof,for the construction of: REPAIR & REPAINT BRIDGE RAILINGS AND REPAINT LIGHT STANDARDS ON FOUR BRIDGES IN THE CITY OF FORT WORTH, TEXAS: PARK HILL DRIVE AT THE FORT WORTH ZOO EAST 4TH STREET OVER THE WEST FORK OF THE TRINITY RIVER NORTH MAIN OVER THE WEST FORK OF THE TRINITY RIVER RIVERSIDE DRIVE NORTHBOUND OVER THE WEST FORK OF THE TRINITY RIVER designated as Project Number GS93-020930260430 copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"works". NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. T THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County, AA5PAYB0ND.FRM State of Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESSETH WHEREOF,this instrument is executed in 6 counterparts, each one of which shall be deemed an original,this the loth day of October ___,2000. A-Agape Painting ATTEST: Principal (4) BY: 'ferry ouvi ion ar Per BY: (Principal) Secretary Ron Winters/Partner (Printed Name/Title) (SEAT.) 605 Daniel Street ADDRESS Gladewater, Texas 75647 CITYI'STA=IP 1845 The Exchange, Suite 200 N -tlRata, G!1 I033g American Safety Casualty Insurance Company (Address) (Surety) ATTEST: a (Surety)Secretary By: (Afforney-in-Fact)(5) Sam J. Lamoreaux (Printed Attorney-in-Fact) (SEAL) Witness Surety Note_ Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) a Corporation. a Partnership or and Individuat as case may be (3) Correct Name ofSurery (4) !f Contractor is Parmership all Partners should execute bond A:15PAYBOND.FRM PSAMERICAN NUMBER SAFETY POWER OF ATTORNEY ASB- 42-04- 0 04 6 Fconstitute surance Company EN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made,constituted and appointed,and by these presents does make, points SAM J.LAMOREA UX,DIANA J.TAYLOR OF CARROLLTON,TEXAS its true and lawful attorney-in-fact, for it and its name,place,and stead to execute on behalf of the said Company,as surety,bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ***ONE MILLION•**($1,000,000)DOLLARS*** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the Twenty-Ninth day of January, 1999. RESOLVED,that the President in conjunction with the Secretary or any Assistant Secretary may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizences,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company: (i)when signed by the President or any Vice-President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary or(ii)when signed by the President or any Vice-President or Secretary or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or(iii)when duly executed and sealed(if a seal be required)by one or more attomey-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and affects as though manually affixed. IN WITNESS WHEREOF,American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed,and these presents to be signed by its President and attested by its Secretary this Twenty-Ninth day of January, 1999. Attest: Fred J.Pinckney,Secretary `oliMltf� Lloyd A.Fox,President see STATE OF GEORGIA k na 4 J COUNTY OF COBB On On this Twenty-Ninth day of January, 1999,before me personally came Lloyd A.Fort,to me known,who,being by me duly sworn,did depose and say that he is the President of American Safety Casualty Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 00 %of AR r o .. onoIRMu d►Y OAM. Dorothy J.Giglio,Notary Public �i�yM puatac J`' N� GO 1, the undersigned, Secretary of American Safety Casualty Insurance Company, a Delaware corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and Sealed at the City of Atlanta,in the State of Georgia '+t Dated the 17th day of October, 2000 GY! MAL f AM000 Fred J.Pinckney,Secretary ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED iN CONJUNCTION WITH THE ORIGINAL. ACKNOWLEDGEMENT OF SURETY STATE OF TEXAS COUNTY OF DALLAS On this 17'h day of October 2000, before me personally appeared Sam J. Lamoreaux awn to me to be(or proven to me on the basis of satisfactory evidence) the Attorney in Fact of AMERICAN SAFETY CASUALTY INSURANCE COMPANY and acknowledged to me that he/she executed the within instrument. In witness whereof, I hereto set my hand and official seal to this certificate on the day and year first written above. Notary Public W CELIA A.APPLE a. ^6 No Pubiic,State of Texas MY Commission Expires June 21.2004 �...id_ June 21, 2004 Commission Expiration Date CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, A-Agape Painting certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Repair & Repainting of Bridge Railings and Repainting of Light Standards at Specific Locations project number, GS93-020930260430. By: Title 1PI, 7 ems Date STATE OF TEXAS 3 COUNTY OF TARRANT 3 41tORME, tht undersigned authority, on this day personally appeared E U known to me to be the person whose name is subscribed to the foregoing inst—jarnent, and acknowledged to me that he executed the same as the act and deed of Si C', et for the purposes and considerations therein expressed and in the capacity therein stated. "IVE?`1 UNDER MY HAND AND SEAL OF O FICE this day of y Vickie Burnam , Noiary PUNIC,S1810 Notary Public in and for the State of Texas %,;rA, MAY 04.2004 (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. AA3W0RKC0M.FRM ACORD CERTIFICATE OF LIABILITY INSURANCEDATE(MKTVY"' 11/06/2000 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Bent Tree Insurance Agency, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2625 N. Josey Lane #300 COMPANIES AFFORDING COVERAGE Carrollton, Texas 75007 COMPANY 972.466.0084 A American Safety Casualty Ins Co INSURED COMPANY A-Agape Painting B Le ion Insurance Company COMPANY 605 Daniel Street C Southern County Mutual Gladewater, TX 75647 COMPANY 903-845-6119 D �^ COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIM DATE(MMAXYYY) GENERAL LIABILITY GENERAL AGGREGATE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP Am S 1, 000, 000 CLAIMS MADE ❑X OCCUR PERSONAL&ADV INJURY $ 1, 000, 000 A OWNER'S RCONTRACTORSPROT COL00-1321-002 10-08-00 10-08-01 EACH OCCURRENCE $ 1, 000, 000 X Pollution FIRE DAMAGE(Any one fire) $ 50, 000 MED EXP(Any one person) $ 5, 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ 1, 000, 000 ALL OWNED AUTOS BODILY INJURY : X SCHEDULED AUTOS (per P—) C X HIRED AUTOS STC 5 4113 5 10/17/00 10/17/01 BODILY INJURY �1 X NON.OYWNED AUTOS (Per ecddwd) : PROPERTY DAMAGE $ GARAGE LIABILITY ALTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN ALTO ONLY: EACH ACCIDENT $ AGGREGATE $ �I EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X WC STATU- OTH- EMPLOYERS'LIABILITY TORY UMTS ER EL EACH ACCIDENT $ 1, 000, 000 B THE PROPRIETOR/ X INCL WC 7-119 6 2 8 5 10-08-00 10-08-01 EL DISEASE-POLICY LIMIT s 1, 000, 000 PARTNERS/EXECUTNE OFFICERS ARE: EXCL EL DISEASE-EAEMPLOYEE 3 1, 000, 000 OTTER DESCRIPTION OF OPERATONSILOCATIONS/VEHICLESISPECIAL ITEMS All coverage subject to terms, conditions & exclusions of policies. CERTIFICATE HOLDER CANCELLATION ( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Ft. Worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WALL ENDEAVOR TO MAIL Transportation & Public 1() DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Works Department BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Th r o c kmo rt o n OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATNES. Ft. Worth, Texas 76102 AUTHORIZED Rp *+TME tattn; Vicky McDonald #005 �s�• ACORD 25S(1195) 0 ACORD CORPORATION 1988