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Contract 26610
CITY SECRETARY lm'CM FOk CONTRACT NO. NFRAC 2 SPECIFICATIONS cor�ra�c10 's MING C c4tti►cscpmzr aI AND GI'WSAWS OFFICE 1fI�6 Div. CONTRACT DOCUMENTS T -FluCOFif FOR ._..._ SURFACE WEDGE MILLING (2001) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GG01-0208004 2001 LOFFICIA PECGG�® COQ�� KENNETH L . BARR BOB TERRELL MAYOR CITY MANAGER HUGO A. MALANGA, P . E . , DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P . E . , DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT „�aaotaoe�oo ENGINEERING COORDINATION EXHIBIT "A" g susar L scHv+nr� o • ' "`' City of Fort Worth, Texas *Vagor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/20/01 **C-18461 20SUTTON 1 of 1 SUBJECT AWARD OF CONTRACT TO SUTTON & ASSOCIATES, INC. FOR SURFACE WEDGE MILLING 2001 AT VARIOUS LOCATIONS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Sutton & Associates, Inc. in the amount of $179,625.00 for one year for surface wedge milling at various locations. DISCUSSION: As part of the Annual Major Maintenance Program, the Transportation and Public Works Department contracts out the wedge milling process to prepare streets for the in-house overlay program. The streets included in this contract are shown on the attached document. This project is located in COUNCIL DISTRICTS 2, 5, and 7. This project was advertised for bid on December 14 and 21, 2000. On January 11, 2001, the following bids were received: BIDDERS AMOUNT Sutton & Associates. Inc. $179,625.00 Dustrol, Inc. $186,625.00 The low bidder, Sutton & Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 13% M/WBE participation. The City's goal on this project is 13%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) /1PPPM Mike Groomer 6140 C" / OUN0N Originating Department Head: �/� 1 COUN01- Hugo Malanga 7801 (from) FEB 20 2001 GG01 539120 0208004 $179,625.00 Additional Information Contact: A..twv-,J City searwiary of&a Hugo Malanga 7801 Ltto of Pow Worts,3bza� SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SURFACE WEDGE MILLING (2001) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GGO1-0208004 2001 A. DOUGLAS RADEMAKER, P.E. DATE DIRECTOR, DEPARTMENT OF ENGINEERING GEORGE A. BEHMANESH, P.E. DATE ASSISTANT DIRECTOR, TRANSPORTATION PUBLIC WORKS DEPARTMENT Z /S pb DO& KIM, P. . DATE CAPITAL PROJECTS ENGINEER, WATER DEPARTMENT TABLE OF CONTENTS 1 . Notice to Bidders 2 . Special Instructions to Bidders 3 . Prevailing Wage Rates 4 . Proposal 5 . Vendor Compliance 6 . Disadvantaged Business Enterprise 7 . Special Provisions 8 . Contractor Compliance with Worker' s Compensation Law 9 . Certificate of Insurance 10 . Performance Bond 11 . Payment Bond 12 . Contract 13 . Details 14 . Street Locations NOTICE TO BIDDERS Sealed proposals for the following project : SURFACE WEDGE MILLING (2001) AT VARIOUS LOCATIONS Project No . GG01-0208004 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. , January 11, 2001 and then publicly opened and read aloud at 2 : 00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102 . A pre-bid conference will be held at 9:00 A.M. , January 3, 2001 in the Transportation and Public Works Conference Room 270, 2"a floor, Municipal Building. One set of documents will be provided to prospective bidders for a deposit of twenty dollars ($20 . 00) : such deposit will be refunded if the document is returned in good condition within 10 days after bids are opened. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20 . 00) per set. For additional information contact Mr. Najib N. Fares at (817) 871-7802 . Bob Terrell Hugo Malanga, Director City Manager Transportation and Public Works PUBLICATION: By: December 14, 2000 NajW N. Fares, P.E. , December 21, 2000 Street and Storm Drainage, TPW SPECIAL. INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S.Treasury,or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection,the successful bidder shall be required to furnish a performance bond as well as payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas,as amended. In order for a surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.S.Treasury List of Acceptable Sureties(Circular 870), or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000 a Payment Bond shall be executed,in the amount of the contract,solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall be executed,in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of fort Worth. 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. Mr 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. rp 6. NAGE RATES:All bidders will be required to comply with provision 5159a of"Vemons Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth,Texas and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$250,000 each person, $500,000 each occurrence;Property Damage-$300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. `Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES,In accord with City of Fort Worth Ordinance No. 11923,as amended 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. The Documentation must be received no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under appropriate federal,state or local laws or ordinances relating to false statement;further,any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM rt ("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%retain age)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the-project. 13. ADDENDA:Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding,the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non- responsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage a.Definitions: Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's of 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 5406.096)-includes all persons f, or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage 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. E The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have-known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project, (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage +^" agreements will be filed with the appropriate insurance carrier or,in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil R 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 do 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 on 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, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. t� �^ 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. A 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 C 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 P„ alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 ONE I Jot OW PW we CITY OF FORT WORTH HIGHWAY CONTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFACTION HOURLY RATE AIR TOOL OPERATOR S9.00 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 ASHPALT PAVING MACHINE 10.30 BROOM 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 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 FRONG END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER 10.30 i' MOTOR GRADER OPERATOR FINE GRADE 11.97 MOTOR GRADE OPERATOR 10.96 1 CITY OF FORT'NORTH HIGHWAY CONTRUCTION PREVAILING 'NAGE RATE FOR 1999 CLASSIFACTION HOURLY RATE PAVEMENT MARKING MACHINE 7.32 ROLLER, STEEL WHEEL PLANT-MDC PAVEMENTS 9.06 ROLLER, STEEL WHEEL OTHER 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 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 2 P R O P O S A L TO: MR. BOB TERRELL Fort Worth, Texas City Manager Fort Worth, Texas FOR: SURFACE WEDGE MILLING (2001) AT VARIOUS LOCATIONS PROJECT NO. GGO1-0208004 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (f) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 150,000 L.F. Wedge Milling 2" to 0" Depth 5.01 Wide @ No Dollars & Ceats Per L.F. $ Q 5 $ . !}0.0v S.P. 2 125 Ea. Butt Joint-Milled -�►„�ollars & _112—Cents er 8a. $ 8'-do $dg,Jd6 4� P-1 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 3 14 Ea. Mobilization Five-Hundred Dollars & No Cents Per Ea. $ 500.00 $ 7,000.00 S.P. 4 1000 S.Y. 2" Surface Milling Dollars & il}�^ Cents Per S.Y. 0�0 TOTAL BID $ 5_oD P-2 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The 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 One (1) year from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars 0 to.a.5a.,,n ) is to become the property of the City of ort Worth, Texas or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. I (we) , acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Respectfully submitted, Addendum No. 1 (Initials) Addendum No. 2 (Initials) E. Addendum No. 3 (Initials) compa N By: signatu Printed am& of principal Address:- Q-0. s c[I Seal) Date: yk Telephone: 60- 6761 S!57'7 P-3 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as a low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside 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 �r same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give-state), our principal place of business are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. Bidder: i Cg6od cA e --Tv►c. Mari e,&Ac, Company By (Please Print) 0-0 613-4 62 2 Ma .�A_.� Address Signature _ +1,tJJf_r, 7 -;f a44 City/State/Zip Title (Please Print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL. INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $25,000 or more, the M/WBE goal is applicable. if the total dollar value of the contract Is less than$25,000,the MIWBE goal is nota plicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises(M/WBE)in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the'use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MNVBE PROJECT GOALS The City's MBE/WBE goal on this project is ) 3 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated MIWBE goal,or; 2. Good Faith Effort documentation,or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. MfWBE Utilization Form, if goal received by 5:00 p.m.,five(5)City business days after the is met or exceeded: bid opening date,exclusive of the bid opening date. 2. Good Faith Effort Form and M/WBE received by 5:00 p.m.,five(5)City business days after the Utilization Form, if participation is bid opening date,exclusive of the bid opening date. less than stated goal: I� 3. Good Faith Effort Form if no received by 5:00 p.m.,five(5)City business days after the participation: bid opening date,exclusive of the bid opening date. 4.Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the M/WBE Office at(817)871-6104. e� Rev.6/ig/00 rATTACHMENT 1A Page 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBEMBE UTILIZATION w aa4�s. nc G� a�U PRIME COMPANY NAME BID DIE C---G, { -day good PROJECT PROJECT NUMBER CITY'S MAYBE PROJECT COAL: MIWBE PERCENTAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being cons idered.non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned.upon execution of a contract with the City of Fort Worth. .The intentional and/or knowing misrepresentation of facts Is grounds foe. consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name,Contact Name, Certified Specify Alj_Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(•) Supplied(') r.. -l. 1 is(Q c, 41 37 � r MMIBEs must be located In the 9(nine)county marketplace or currently doing business In the marketplace at the time of bid. Spediy all areas In which.MWBE's.are to be utilized and/or items to to supplied: �(') A complete Iisting of Items to be supplied is required In order to receive credit toward floe MNVBE goal. (")Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant.Le.,a direct payment from the prime contractor to a subcontractor is considered 1"tier,a payment by a subcontractor to its supplier is considered 21 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.812/9E `_ Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women business Enterprise Specifications MBEMBE UTILIZATION Company Name, Contact Name, Certified Specify AJLContracting Specify AAI Items to be Dollar Amount Address,and Telephone No. U. Scope of Work(') Supplied(*) u Z S N ~ -a i The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three(3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an Irresponsible offeror and barred from participating in City work for a period of time not less than one(1) year. 1 L MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD I mkv-"e `Authorized Signature Printed Signature (( W1 Title Contact Name and title(if differ nt) r :Iry,c_ 1131-1- 1319-x€211 Company Name Telephone Number(s) 9114 P-0;.goy. (1-1-1 SQ- 5-79-&q?50 Address Fax Number e yx 'wClty/State/Zip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.EW98 "" Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENTIB Cit of Fort Worth Page 1 of 1 Minority and Women Business Enterprise Specifications 11 Prime Contractor Waiver Cfi n G Cel . k llv« C';ka 1 Prime Company Name Project Name . tk aADA GG 61 - oao Knot' Bid ning Dae Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question Is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete,this form;in its entirety and be received.byrl a Managing Denartment`gn or before 5:00 (5) City.bu5eness days aftef bidgina, exc.luswe of the bid opening date; will result in the bid being onsldedno_ -responsive to'bld specifications: Will you perform this entire contract without subcontractors? Yes ? No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate Information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result In a determination of an Irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. Ok Authorized Signature Printed Signature Title Conta ame (ft different Company Name ��- Contact Telephone Number (s) 100. 30'0 6-11 zy 230- 3?9- 030 Address Fax Number on Rev.VMS f� ATTACHMENT 1C Page 1 of 3 City of Fort Worth Minority and Women Business Enterprise GOOD FAITH EFFORT A Prime Company Name _r Bid ate .- Project Name Project Number If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your M/WBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this:form, in Its entirety ty with supporting :,documentation, and _received. by the Managing Department on or before 5:00 p.m.five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity(DO NOT LIST NAMES; OF FIRMS)which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (Use additional sheets,if necessary) List of: Subcontracting Opportunities List of: Supplier Opportunities Rev.6/2198 ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. Yes Date of Listing /o?/ /D 1 1)O No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach M/WBE mail listing to Include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes If yes,attach list to include name of M/WBE firm,person contacted, " No uhone number and dag and JiM of contact. NOTE: A facsimile may be used to comply with either 3 or.4, but may_not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If a SIC list of M/WBE is ten or less, the bidder must contact the entire list to,be in compliance with questions 3 and 4. If a sic list of M/WBE is more than ten, the bidder must contact at least,t 0-thlyds of the list but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the Mf BEs? f Yes No 6.) If M/WBE bids were received and rejected,you must: (1) List the M/WBE firms and the reason(s)for rejection (i.e.,quotation not commercially reasonable, qualifications,etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below(i.e.. letters, memos, bids,telephone calls, meetings,etc.) (Please use additional sheets,if necessary,and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev.612198 ATTACHMENT 1C Page 3 of 3 ffid ADDITIONAL INFORMATION: Please provide additional Information you feel will further explain your good and honest efforts to obtain MNVBE participation on this project. i The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any MNVBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by �- the City's IVIMBE Office. Authorized Signature Printed Signature Title Contact Whme and Title(if di rent) 80-A7q- 661-7 Company Name Telephone Number(s) Address Fax Number f ( City[State/Zip 7 Date Rev.6!2188 CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR: SURFACE WEDGE MILLING (2001) AT VARIOUS LOCATIONS PROJECT NO. GGO1-0208004 1. SCOPE OF WORK: The work covered by these details and specifications consists of wedge milling of existing pavement as described in the Special Provision of these specifications. The Contractor shall haul-off and dispose all milled material to the City yards. The work shall include all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. Work will be per as needed basis as requested by the Street Superintendent or his designated representative. The Contractor shall mobilize within 48 hours of receiving request from the Street Superintendent or his designated representatives. The contractor is encouraged to conduct site visits and survey all these possibilities. The contractor shall verify these locations with the Street Superintendent or his designated representative. For street locations see list at the back of this document. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. SP-1 2 . Contract will be awarded to the lowest responsible and responsive bidder. 3 . The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete r the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Construction of the City of Fort Worth, Texas. 4. 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. 5. 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 these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102 . The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the - Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 6. 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 Transportation and Public Works Department. SP-2 7. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) years from date of final acceptance of this project by 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. 8. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871- 8075) , to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be 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. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic. 9. PAYMENT: The Contractor will receive bi-weekly payment (minus 5% retainage) from the City for all work for each pay SP-3 period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 10. 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 and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 11. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 111 . 12 . DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator") , SP-4 of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) . All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at contractors expense. In the event that the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 13. During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 14. Final cleanup work shall be done for this project as soon as the work 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. 15, PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 16. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: SP-5 (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES. " (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hood connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Co. ) which will erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company, and shall record action taken in each case. (4) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3) . 17 . RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of SP-6 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 conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. CONSTRUCTION NON-PAY ITEM NO. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item No. 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. PAY ITEM NO. 1 - WEDGE MILLING 2" TO 0" DEPTH 5.0 ' WIDE: 1. Description This item shall consist of milling the existing pavement from the lip of gutter at a depth of 21' and transitioning to match the existing pavement (0" cut) at a minimum width of 51 . The existing pavement to be milled will either be asphalt, concrete, or brick pavement. The removal and disposal of the milled materials shall be as directed by the Engineer. The milled surface shall provide a smooth SP-7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 are removed from street surface daily. Stockpiling of planed material will not be permitted on the project site unless designated by the Engineer. The machine shall be equipped with means to control dust created by the cutting action and shall have a manual system providing for uniformly varying the depth of cut while the machine is in motion thereby making it possible to cut flush to all inlets, manholes, or other obstructions within the paved area. The speed of the machine shall be variable in order to leave the desired grid pattern specified under Surface Texture. The unit price bid per linear feet shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 2 - BUTT JOINTS - MILLED: Description: This item requires the contractor to mill "butt joints" into the existing surface, in association with the wedge milling operation (PAY ITEM NO. 1) to the depth and at locations as described below. The butt joint will provide a full width transition section, whereby the new overlay shall maintain constant depth at the point the new overlay is terminated and the new surface elevation matches the existing pavement. The �. construction activities, performance standards and equipment needed for the butt joints milling operations shall be governed by the special provisions of Pay Item No. 1 - Wedge Milling. The configuration of the butt joints is described in more detail below. General details of butt joint locations - along with wedge milling in general - are shown in plan form at the back of this document. Construction Details: Prior to the milling of the butt joints, the Contractor shall consult with the Construction Engineer for proper location of these joints and verify that the selected limits of the projects' street are correct. The general locations for butt joints are at all beginning SP-9 surface free from gouges, ridges, oil film, and other imperfections of workmanship and shall have a uniform textured appearance. In all situations where the existing H.M.A.C. surface contacts the curb face the wedge milling shall include the removal of the existing asphalt covering the gutter up to and along the face of curb. The wedge milling operations for this project will be as directed by the Street Superintendent, TPW, or his designated representative. This contract is for one (1) year. The Contractor shall mobilize within 48 hours of receiving request from Street Superintendent or his designated representative to wedge mill the requested street. Should the contractor fail to meet this condition, liquidated damage of $500.00 per day per street will be assessed. The wedge milling operation for each street shall be performed in a continuous manner along both sides of the street. The Street Services, TPW, will overlay the street. Street locations and details of milling are at the back of this document. No wedge milling to be done without the approval of the Street Superintendent or his designated representative. Subsidiary to this pay item, contractor shall haul-off and dispose all milled material to the City yards. 2. Equipment The equipment for removing the pavement surface shall be a power operated milling machine or other equal or better mechanical means capable of removing, in either one pass or two passes, the necessary pavement thickness in a five- foot minimum width. The equipment shall be self-propelled with sufficient power, traction and stability to maintain accurate depth of cut and slope. The machine shall be equipped with an integral loading and reclaiming means to immediately remove material being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. Adequate back-up equipment (mechanical street sweepers, loaders, water truck, etc. ) and personnel will also be provided to keep flying dust to a minimum and to insure that all cuttings SP-8 and ending points of streets listed in the project and as more graphically detailed at the back of this specification book. The joints are also required on both sides of all railroad tracks and concrete valley gutters, bridge decks and culverts and all other items which transverse the street and end the continuity of the asphalt surface. Each butt joint shall be 20 feet long and milled out across the full width of the street section to a tapered depth of 211 . This milled area shall be tapered within the 20 feet to a depth from 0" to 2" at a line adjacent to the beginning and ending points or intermediate transverse items. This butt joint - when overlayed - will consist of a asphalt section that will transition the new overlay to match the existing pavement elevation. The contractor shall provide a temporary wedge of asphalt at all butt joints to provide a smooth ride over the bump. Measurement and Payment: Butt joints as prescribed above, will be measured by the unit of each butt joint milled. The disposal of excess material involved will not be measured for payment. Each butt joint-milled, measured as above, complete-in place- in accordance with these specifications, will be paid for at the unit price shown in the proposal for "Butt Joints" . The unit price bid per each shall be full compensation for all milling, including material haul-off, tools, labor, equipment and incidentals necessary to complete the required work. PAY ITEM NO. 3 - MOBILIZATION: This item shall compensate the Contractor to mobilize personnel, equipment, supplies, and material to wedge mill the requested streets. Contractor will be paid one mobilization per request. Each request will consist of one or several streets. Moving of the equipment, labor, and material from one street to other within a request will not be considered as a separate mobilization. Mobilization shall take place within the 48 SP-10 hours of the notice given by the street superintendent or his designated representatives. The unit price per bid per each will be full compensation for all labor, equipment, material, tools and all incidentals necessary to complete the work. PAY ITEM NO. 4 - 2" SURFACE MTLLING: This item shall consist of milling the existing pavement at a depth of 211 . All applicable provisions of Item No. 1 "Wedge Milling" shall apply. The unit price bid per square yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. END OF SECTION SP-11 CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: I COUNTY OF TARRANT IThis agreement made and entered into this the 20" day of February , 20 01 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 Sutton &Associates, Inc. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: SURFACE WEDGE MILLING 2001 AT VARIOUS LOCATIONS Designated as project number, GG01-0208004 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. C�� D v 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 1 (One) year. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 210.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete 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 part, by the negligence or aIle led 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 17 Cf�uG' �►➢ n all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 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 100 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 N/A shall be ONE HUNDRED SEVENTY NINE THOUSAND, SIX HUNDRED TWENTY FIVE DOLLARS AND NO CENTS $179,625.00 :I EE00 ® o . 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 Special Instruction to Bidders of this 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. N WITNESSETH WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 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. ID�°�K GGA?© COY MCGG'�G� II Uo (•� A v C-4 Done in Fort Worth, Texas, this the 20th day of February 12001 . CITY OF FOR WO�L ASSISTANT CITY MANAGER APPROVE DIRECTOR, TRANSPORTATION AND PUBLIC WORKS Sutton & Associates, Inc. ATTEST: (Contractor) CITY SECR TARY (SEAL) - BY: Re resentative) President S 911 , w (TITLE) P.O. 'Box 677 APPROVED AS TO FORM & (Address) LEGALITY: Keller, TX 76244 (City/State/Zip) ASS NT CITY ArroANEY contract Authorization November 1960 Revised May 1986 ? L 0.�/- Revised September 1992 Date Revised January 1993 Revised April 1999 Revised June 1999 Wf IAL VISNVIM C-5 C�Tf E� 1�M °QOy RVIII, Myo - PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENT: That we (1) Sutton&Associates, Inc.(2) Company of Texas hereinafter called Principal and (3) CUMBERLAND CASUALTY& SURETY COMPANY , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of- One £One Hundred Seventy Nine Thousand,Six Hundred Twenty Five Dollars and No Cents $179,625.00 Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 20th day of February,2001, a copy of which is hereto attached and made a part hereof, for the construction of- SURFACE £SURFACE WEDGE MILLING 2001 AT VARIOUS LOCATIONS designated as Project Number GG01-0208004 , a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification,and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. AMPERBOND.FRM IN WITNESS WHEREOF, this instrument is executed in 6, Counterparts each one of which shall be deemed an original,this the 20th day of February __,2001. Sutton & Associates, Inc. Principal(4) ATTEST: By: rincipal)SecretarjP Marie Sutton Praci rienl- (Printed Name/Title) (SEAL) P.O. 'pox 677 ADDRESS Keller, TX 76244 CITY/STATE/ZIP 2713 CROSS TIMBERS RD SUITE 314 CUMBERLAND CASUALTY & SURETY COMPANY (Address) (Surety) FLOWER MOUND T% 75028 ATTEST: (Surety) Secretary j Y B (Attorney-in F ct)(5) (SEAL) MELODY WHIPPLE (Printed Attorney-in-Fact) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (I) Correct name of Contractor (2) A Corporation,a Partnership or and Individual,as case may be (3) Correct Name of Surety (4) If Contractor is partnership all Partners should execute bond (5) A true copy of Power of Attorney shall be attached to bond by Attorney-in-Fact AAVERB0ND.FRM PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we, (1) Sutton&Associates,Inc. a corporation of (2) Tarrant County, Texas , hereinafter called Principal and (3) CUMBERLAND CASUALTY& SURETY 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.- One f:One Hundred Seventy Nine Thousand,Six Hundred Twenty Five Dollars and No Cents $179,625.00 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 20th day of February ,2001, a copy of which is hereto attached and made a part hereof, for the construction of: SURFACE WEDGE MILLING 2001 AT VARIOUS LOCATIONS designated as Project Number GGO1-0208004 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. THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER,that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, and that the said 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. A:15PAYBOND.FRM 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 20th day of February ,2001. „}as�..`va & Associates, Inc. S }o„a Principal (4) ATTEST: BY: / l Gtit.�_ IgA— (Principal) Secrkry Marie Sutton President (Printed Name/Title) (SEAL) P.Q. Box 677 ADDRESS Keller, TX 76244 CITY/STATE/ZIP 2713 CROSS TIMBERS RD SUITE 314 CUMBERLAND CASUALTY & SURETY COMPANY FLOWER MOUND(A'7llwdrkSW8 (Surety) ATTEST: (Surety)Secretary y. l JCS (Att me MELODY WHIPPLE (Printed Attorney-in-Fact) (SEAL) Witness as to 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 Individual,as case may be (3) Correct Name of Surety (4) If Contractor is Partnership all Partners should execute bond i r A ■ r � � ■ 1 1 _ . • ■ CUMBERLAND CASUALTY & SURETY COMPANY POWER OF ATTORNEY ■ TAMPA, FLORIDA PRINCIPAL: SUMN & ASSOCIATES, INC. EFFECTIVE DATE: 2-28-01 ■ 2. ., lilts 07 M 7 ER rX AM (STREET AtwRtiss) (crm (STATE) (ZIP cow CONTRACT AMOUNT: $179.625.00 AMOUNT OF BOND: $179,625.00 POWER NO. CC - 27716 KNOW ALL MEN BY THESE PRESENTS: That Cumberland Casualty&Surety Company,a corporation duly organized under the laws of the State of Florida,having its principal office in the City of Tampa,Florida,pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 15th day of April, 1999,to wit: "Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as attorney(s)-in-fact, such persons,firms,or corporations as may be selected from time to time. Be it Further Resolved, that the signature of the President, Secretary and the Seal of the Company may be affixed to any such Power of ■ Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or consents for the release of retained percentages and/or final estimates on engineering and construction contracts or similar authority or undertaking to which it is attached." Cumberland Casualty&Surety Company does hereby make,constitute and appoint Melody Whipple or Faye Sutton or Faren North its true and lawful attomey(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf,and its act and deed,as follows: The obligation of the Company shall not exceed($2,000,000.00)dollars. And to bind Cumberland Casualty&Surety Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of Cumberland Casualty&Surety Company,and all the acts of said attorney(s)-in-fact pursuant to the authority herein given, and hereby ratified and confirmed. a IN WITNESS WHEREOF, Cumberland Casualty & Surety Company has caused these presents to be signed by an officer of the Company and its Corporate Seal to be hereto affixed. CUMBE AND C SU LTY&SU COMPANY SEAL i ward J. enfield IV,President ■ STATE OF FLORIDA ) SS a COUNTY OF HILLSBOROUGH) On this 15th day of April,A.D. 1999,before me personally came Edward J.Edenfield IV,to me known, who being by me duly sworn did depose and say;that he resides in the County of Hillsborough,State of Florida;that he is President of Cumberland Casualty&Surety Company,the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said ■ instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. Beverly Ann Jerry ? i <X()mtnission If CC 758867 o Expires August 22,2002 v q * a2 9� Cgs BONDED THRU everly Atm J Ono Gp OF fl ATLANTIC BONDING CO..INC. My commission expires �OUGM STATE OF FLORIDA ) SS COUNTY OF HILLSBOROUGH) I,the undersigned,Secretary of Cumberland Casualty&Surety Company,a Florida Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Tampa. Dated the 28TH day of FEBRUAJ37 2001 SEAL C /x�� THIS BOND NOT VALID UNLESS PRINTED ON GREEN PAPER CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Sutton & Associates, Inc. certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Surface Wedge Milling(2001) at Various Locationsproject number, GG01- 0208004. By: to, President Title February 28, 2001 Date STATE OF TEXAS 3 COUNTY OF TARRANT 3 BEFORE ME, the undersigned authority, on this day personally appeared Marie Sutton , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Sutton & Associates, Inc. _, for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of February , 20 01 _ 1- Notary Public in and for the State of-Texas (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. AAMORMOMYRM . , ACORD v`� • ��'C^�� ®i ������e�� ��������� DATE(MM/DDNY) PRODUCER (872)267-8000 FAX 02/28/2001 (972)380-2001 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance One Agency, L.C. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 16300 Addi son Road, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 796428 Dallas, TX 75379-6428 Attn: Jo Anna Dollarhide INSURERS AFFORDING COVERAGE INSURED Sutton & Associates, Inc. INSURER A: Ohio Casualty Group P.O.Box 677 INSURER B: North American Specialty 820 North Main Street INSURER C: Keller, TX 76244 2 2001 INSURER D: LVED MAR 0 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY BKO50619200 04/10/2000 04/10/2001 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 100,000 CLAIMS MADE a OCCUR MED EXP(Anyone person) $ 5,000 A PERSONAL&ADV INJURY $ .1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PECOT LOC AUTOMOBILE LIABILITY BAW50619200 04/10/2000 04/10/2001 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per Pew) . X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY X050619200 04/10/2000 04/10/2001 EACH OCCURRENCE $ 5,000,000 OCCUR ❑ CLAIMS MADE AGGREGATE $ 5,000,000 A $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND BWW106727 02/20/2001 02/20/2002 TORY LIMITS ER EMPLOYERS'LIABILITY B E.L.EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER BM050619200 04/10/2000 04/10/2001 $1,642,074 Inland Marine A Equipment Floater DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Surface Wedge Overlay 2001 Various Locations CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Fort Worth 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Vicki McDonald BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Throckmorton Street OF ANY KIND UPON THE C ANY,ITS AGENTS OR RE ESENTATIVES, Fort Worth, TX 76102-6311 AUTHORIZED REPRESENTATI lFaye Sutton �� IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. F1 n M M 0 z _ W < y o O � � � O W W C 2 } Z_ Q O Z W 01--_j _J W}-NWZ W O Q W �-O a 1-F- W o _ a O Ww=W~ v W Lr in 0 W D: y V � � N W a:F-t4 � Q t W00 } F- .. Z t=-O j1 V W V y � 0 ; W Z Z.0 ¢ _ W s O-a C o - x � o m 01 W W O o H W < W !- J O Z 1Dva1N00 NI ION 13rd1N00 NI ION 11 11 .. is III jl til Itl !Il If I III! :•. '1• tial II H Itil I " ';• 1111 Iq ��• �lil !II aa. [II III .I+. ill- !fi as "` Itt' UI its Ill Ill.. ill Got 111 I(1 • :. 111 .:., 696 6 '" I11I III •. 11 Iii. •„ 11 IIl Itt til Is 11 tli 111 ..: .1! II►' 111off •' Ili • fN ••• Y . • III ... ltiJ Y iii Iit {I �! 111 - �Il ' �I 111 Ili lti • 1.. 1 'l 0 F O QI A N p CI 1 � O W Y Q � W r F- W c Z ~ m Q N �V W J w . O•Ja Yw U.a x a� rA N NF- IUJ w w 1• N ZQ C� k Q tWO OWN 2 41� .. C9 W Z tcJ w W p N 2 }•- W JL jr 1- W O WZ , F- O] W J a p Q W w � u UJ- fn v w h Y V V O J 10 w cc O W !18 x p _ > gnu Z < JO W W a J o, 4x o 0 N F- H z Cr. WV � hJt� Z3 O N C; ImpJ JIa O d 41 WWOZ � y � �WKyNj z us z ow Q Q In d s •- W W � F- � s 2 w , J � III I!I ISI If �a I��,•.� t. (II '• �' i�� ii: ot u lil tt�' . . • . III ,,, - • .. . . us • .fit .�.. +l g• . ..Oji � . ..o t go too �� tt SURFACE WEDGE MILLING 2001 S'I'REET FROM TO TYPE MAP LM CD N%X'22ND ST PROSPI CT AV LEE AV MOL 62K 0.2 2 AVENUE N MILLER AV 4104 AVE N MOL 78R 0.3 5 BAILEY AV WI IITL SLTTLEMENT RD UNIVERSITY DR MOL 62W 2.8 7 i DUROTHY RD SUN VALLEY DR DAVID STRICKLAND RD MOL 93K 0.4 5 HIGHLAND AV 18TH ST PARK ST MOL 62N 0.3 2 KAYWOOD ST N DEADEND S DEADEND MOL 92D 0.4 5 MCCANDLESS AV NW 32ND ST LORAINE ST MOL 47Y 0.5 2 \101IF:Rl N'ST !�f:l.l.ST EASTOVER ST MOL 92H 0.09 5 PECAN ST NE 30TH ST NE 32ND ST MOL 62C 0.5 2 1'FPPFR BUSH DR N BEACH DR 4208 PEPPER BUSH DR MOL 36N 0.8 4 r RIVERSIDE DR SYLVANIA AV TX DOT ROW MOL 77D 0.7 8 SUN VALLEY DR DUROTHY RD E LOOP 820 MOI, 93K 0.6 5 VELMA ST DILLARD ST E DEAD END MOL 79T 0.2 5 GRAND TOTAL 7.81 r ADDITIONAL LOCATIONS WILL BE ADDED TO THE CONTRACT u MOL=Mill Overlay POL=Pulverized Overlay Friday,Decembcr 15,2000 Query 0 01 SM CTR SWM