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HomeMy WebLinkAbout031611 - Construction-Related - Contract - Viking Construction, Inc. W THIS COPY FOR: r COMRACIOR CONTRACIDIM BONDING CO SPECIFICATIONS CITY SEr9ETARN CIlYBEG(IEGoJt1l CONTRACT NO. AND _______CRY MANAGER'S OffiCE _._ENGINEERING DIV. CONTRACT DOCUMENTS ---,TOW—FILE COPY FOR MICRO-SURFACING 2005-17 1 AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GS93-020930511170 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE, 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 ENGINEERING COORDINATION OFFICIAL PRO EXHIBIT"A" + FT. yNTb, TEX. 04-0-9, 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/1/2005 DATE: Tuesday, March 01, 2005 LOG NAME: 20MICRO05-17 REFERENCE NO.: "C-20544 SUBJECT: Authorize Execution of Contract with Viking Construction, Inc. for Micro-Surfacing 2005-17 at Various Locations RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Viking Construction, Inc. in the amount of$753,352.00 for 55 working days for Micro-Surfacing 2005-17 at Various Locations. DISCUSSION: In the FY2004-2005 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. Micro-Surfacing 2005-17 at various locations provides surface rehabilitation for asphalt streets funded from the Contract Street Maintenance Fund. The funding for this project was appropriated February 8, 2005 under M&C G-14577. The attached list details the limits for each of the streets included in this project. 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. This project was advertised for bid on December 9 and 16, 2004. On January 13, 2005, the following bids were received: BIDDERS AMOUNT Viking Construction, Inc. $753,352.00 Ballou Construction Co., Inc. $767,028.00 Viking Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 25% M/WBE participation. The City's goal on this project is 10%. This project is located in Council Districts 2,3,4,5,6,7, and 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds-are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/AccounUCenters FROM Fund/Account/Centers GS93 541200 020930511170 $753.352.00 Submitted for City Manager's Office W. Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MICRO-SURFACING 2005-17 AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GS93-020930511170 2005 A. DOUGLAS RADEMAKER, P.E. DATE DIRECTOR, DEPARTMENT OF ENGINEERING 0 Z' C-� r GEORG DATE ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT n DOO KIM, P.E. DATE CAPITAL PROJECT ENGINEER 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 Workers Compensation Law 9. Certificate of Insurance 10. Performance Bond 11. Payment Bond 12. Maintenance Bond 13. Contract 14. Project Designation Sign 15. Locations NOTICE TO BIDDERS Sealed proposals for the following project: MICRO-SURFACING 2005-17 AT VARIOUS LOCATIONS PROJECT NO. GS93-020930511170 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., January 13, 2005 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 4, 2005 in the Transportation and Public Works Conference Room, 2nd Floor, Municipal Building. One set of documents will be provided to prospective bidders for a deposit of twenty dollars ($20.00), such deposit is non-refundable. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) per set. For additional information, contact Ms. Susan L. Schwinger, P.E. at (817) 392-6529. Charles R. Boswell Robert Goode, P.E., Director City Manager Transportation and Public Works Department r � 1 a4- PUBLICATION:PUBLICATION: By: L h ^ / 2` December 09, 2004 Najib Fares, P.E. December 16, 2004 Street Program Manager, TPW oft SPECIAL INSTRUCTIONS 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 5 percent of the largest possible 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 days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of S100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,.rill determine the adequacy of the proof required herein. .m 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other *" requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the 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 do not acknowledge all applicable addenda will be rejected as non- responsive �,. SPECIAL INSTRUCTIONS TO BIDDERS - I - 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and'or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT PERFORMANCE AND MAINTENANCE BONNDS: 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. The successful bidder shall be required to furnish bonding as applicable 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 Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is S25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar dans from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of 525,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of S100,000, 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. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that 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 SPECIAL INSTRl;CTIO\S TO BIDDERS -2- 6. LIQUIDATED DAMAGES:_ The Contractor's attention is called to Part 1 - General Provisions. Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s)because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth(1986), as amended, prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth. Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director 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. 10. INSURANCE: Within ten 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 Workers Compensation(statutory); Comprehensive General Liability (S1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance (S 1,000,000 each accident on a combined single basis or S250,000 property damage!$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto', defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110%of the additional premium cost. For worker's compensation insurance requirements. see Special Instructions to Bidders - Item 16. ADDITIONAL INSURANCE REOUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms low SPECIAL INSTRUCTION'S TO BIDDERS -3- or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed 510,000,00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City-'s officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident'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 non-resident bidder to obtain a comparable contract in the state in which the non- '' resident's principal place of busincss is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL IN'STRL:C` IONS TO BIDDERS -4- "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 the project is funded in whole or in part with 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 non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. in. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive, Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the MAN'BE Ordinance by complying with the following procedures: • A M/VbBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an MAVBE in a particular month,place a "0" or "no participation" in the spaces provided, and provide SPECIAL.INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office ,rill accept the following as proof of payment: ,. 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/'or proof of payment on a monthly basis, the "BE Office should be notified. If the Contractor wishes to change or delete an MlWBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for AnQroval of Change Form to the INVABE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the 1v ANBE Office. b. If the Contractor makes change(s)prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will protide the MJWBE Office with a Final Particil2ation Report Form to reflect the total participation from ALL subcontractors!suppliers utilized on the project. • All forms are available at the MiWBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/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 M/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 initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation) and/or commission of fraud SPECIAL INSTRUCTIONS TO BIDDERS -6- will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less 5% retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the �. contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i) final quantities, or(ii) liquidated damages, city shall make a pFegr-ess payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31, with 6:00 a.m. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS. the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1-hour, or if equipment is new and certified by EPA as"Low SPECIAL INSTRUCTIONS TO BIDDERS -7- Emitting". or equipment burns Ultra Low Sulfur Diesel (ULSD) diesel emulsions or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated AIR POLLUTION WATCH DAY, that day will be considered as a weather day and added onto the allowable weather ,. days of a given month. 16. WORKERS CONDENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate 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 workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person 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 other service 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 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the ' statutory requirements of Texas Labor Code, Section 401.011(44) for 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 City: SPECIAL I\STRCCTIO\S TO BIDDERS -8- (1) a certificate of coverage, prior to that person beginning work on the project, so the City 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 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 Workers' 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 or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity 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. SPECIAL INSTRUCTIONS TO BIDDERS -9 (6) notify the governmental entity in writing by certified mail or personal delivery, within ten 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. ,w. 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%vill be covered by workers' 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 of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "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 Workers' Compensation Act or other Texas Workers'Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 *` point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS'COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' 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 Workers' 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." 17. AGE DISCRIMINATION: In accordance with the policy("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in SPECIAL INSTRUCTIONS TO BIDDERS - 10- connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those 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 that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not ,�• unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION olo SPECIAL INSTRUCTIONS TO BIDDERS - 11 - CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker S10.32 Asphalt Shoveler S9.75 Batching Plant Weigher S9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper (Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 $10.00 CY) Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 $11.52 CY) Front End Loader(2 1/2 CY & less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator (Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter (Paving) $9.75 Truck Driver-Single Axle (Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 PROPOSAL TO: MR. CHARLES R. BOSWELL Fort Worth, Texas City Manager Fort Worth, Texas FOR: MICRO-SURFACING 2005-17 (POLYMER MODIFIED) _ AT VARIOUS LOCATIONS PROJECT NO. GS93-020930511170 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 (±) 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 jgpd QUANTITY PRICFS WRITTFN IN WORDS PRICE AMOUNT BID S.P. 1 2 Ea. Project Designation Sign @ Two-Hundred Dollars & No Cents Per Ea. 200.00 $ 400.00 _ S.P. 2 4822 TON. Micro-Surfacing "Polymer Modified" @ OfI£ OUNOPt&4 FouRTy SAY Dollars & 00 U00 _Cents Per TON `�' $ 404 60 300 3 120 C.Y. H.M.A.C. Base Repair @ 312 orq liuoglao bwfl l SEVEOu Dollars & cd o S.P. Nd Cents Per C.Y. $ (8 $ VIKING CONSTRUCTION, INC. 2592 SHELL ROAD P-1 GEORGETOWN,TX 78628 300 4 25 Ton H. .A.C. Level-Up @ 312 o N Er 1��+�9(LEo Fouy-VA Dollars & m S.P. Ny Cents Per Ton $� ' 53 3CO O S.P. 5 50,000 L.F. Crack Sealing @ ;y C Dollars & co f 0unT`1 S �X Cents Per L.F. S �� ' a TOTAL BID $ ' IJ VIKING CONSTRun%, INC. 2592 SHELL ROAD GEORGETOWN,TX 78628 1 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 Fifty - Five -(55)- Working Days from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will delivery an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of S c> or- �i-�CsR�A -bi fln�o��. g• +C� Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. 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: Addendum No. 1 (Initials) Respectfully Nbmitted Q Addendum No. 2 (Initials) V 11�11`1 C3 h1S- Addendum No. 3 (Initials) Company Name VI .MIJOT10N INC. By; — KING CONS Signature 2592 gHE1.L TX 78628 B ROAD ARN H GEO�GETONNN, Printed Name of Principal Address: 2SCC- (seal) �5 � Date: 1� Telephone: 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 low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a 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. i" B. Our pripcipal place of business or corporate offices are in the State of Texas. VIKING CONSTRUCTION,INC. Bidder: 2592 SHELL ROAD 78628 GEORGETOWN' t .t (I1J�' u�-i��W �`� �, i Nle y Company By: (Please print) Address Signature City State Zip title.(Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION *. FORT W(3 RT H 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/WSE goal is applicable. If the total dollar value of the contract is less than $25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid MIWBE PROJECT GOALS The City's MBE/WBE goal on this project is %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of S25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordirance by either of the following: 1. Meet or exceed the above stated MfWBE goal,or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. 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. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid - Utilization Form, if participation is less than opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: ' Opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date,exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)392-6104. OW Rev.5/30103 ATTACHMENT to Page 1 of 4 FORT WORTH City of Fort Worth RECEIVED JAN 2 1 2O-11 Subcontractors/Suppliers Utilization Form PRIM COMPANY N" E Check applicable block to describe prime , l ► 1 N G ', PROJECT NAME: MNWDBE 'r NON-M!W/DBE BID DATE Citys M/WBE Project Goal: Prime's MMBE Project Utilization: PROJECT NUMBER 10 % yo 1 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications r M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 15t tier, a payment by a subcontractor to its supplier is considered 2n°tier i ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace,that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification �. Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(MIWBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and J' operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease 1 trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The , u M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. �i � Rev.5130/03 VIKING CONSTRUCTION,INC. 2592 SHELL ROADi GEQRGETOWN,TX 78628 ATl 4CFlMENT f 4 Faxr� ��'ORTN Page 2 of 4 Primes are required to identity ALL suboDnntractorsfsuppliers,regardless of status;i.e.,Minority.Women and non-101MBEs. ■ Please list MNVBE firms first,use additional sheets if necessary. M Certification N IF i,SUBCONTRACTOR/SUPPLIER T (chedc one) n Company Name i N T Detail Detail Address a rd WC X M Subcontracting Work Supplies Purchased Dollar mount A r hone/Fax Tele T D W E P E E R O B i : C T E A i hoyNa ?PQ 1061,NG — `�3 i•�o c� i3ws� �, 3� a, o leo �O�S a i 01 MEPa10-t'rr�,t�rC.0 � 4 vwlo, SP rt,w6 %xAPcA t-')QCT \ G� d tj -15' TON O`er i �qy Q3o 1:)& J 860 Nkrt �.1 $O OOb L� S Rbcs 2I EGG �v i cf2Au S€Pra C. SiPUcOC Po$����� �� �iS�t•IrA�,i�.fiu�.S� f Pw S3(:) 833 S:;S3 .0 q'B1: %'j %3o $33 S )"w t gcv� oa V a lei 1 -0dZ' p F V\o �F - of Eyo 8A6S C�fq6�� .eap�o� g �C�, P►&J-r-Qw%o �`I G Vj Ci 13 ' PP a.(* 6-' ; F y Zoo S49 0560 `� 0 i � f i, Rev.5/30/03 ATTACHMENT to FORT WORTH Page a V.a Total Dollar Amount of M/WBE Subcontractors/Suppliers $ ! �� + •'L3C7 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ -33C> d X72 , The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval' of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a; Request for Approval of ChangelAddition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed) M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements' submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(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 create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1)year. Authorized Signature Printed Signature TitM Contact NameMtle Of different S X1%0 Company Nam Telephone and/or Fax Address E-mail Address CWStatOOP Late Rev.5130103 CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIf�pS MICRO-SURFACING 2005-17 (POLYMER MODIFIED) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930511170 SCOPE OF WORK: The work covered by these details and specifications consists of the Micro-Surfacing of existing pavement. A layer of "Polymer Modified" shall be installed as described in the Technical Specifications of these Special Provisions. Included, in addition to the micro-surfacing process, will be the removal (only) of all traffic buttons and pavement markings, removal and replacement of base repair, sealing of existing large cracks.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. The contractor is encouraged to conduct site visits and survey all these possibilities. The contractor shall verify these locations with the Construction Engineer. For street locations, see list at the back of this document. At the sole discretion of the City, 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. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Engineer for any locations. If the contractor fails to begin the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed per Block per day. 2. Contract will be awarded to the lowest responsible and responsive bidder. P 3. The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete 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 SP-1 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. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 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. 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. 7. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) 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. See Special Instruction to Bidders Item No. 14 for further requirements. 8. TRAFFIC CONTROL: The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. 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. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer @817-871-8770 at least 10 working days prior to the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the SP-2 i. Contractor. 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 871-7738), 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 upon approval of the City Traffic Engineer. Work shall not be performed on certain locations/streets during "peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." See Special Instructions to Bidders Item No. 15, for further work time restrictions on "Air Pollution Watch Days"with substantial use of motorized equipment. 9. PAYMENT: The Contractor will receive bi-weekly payment (minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. See Special Instruction to Bidders Item No. 14 for further requirements. 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 SP-3 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. 1". 12. D1,91?0SAL OF SPOT IFI MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator'), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) and a flood plain permit issued. 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 five 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. SP-4 16. CONSTRUCTION SCHEDLILE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 17. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING —UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type 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. i (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). 18. RIGHT TO AUDIT: Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this contract. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of SP-5 this section. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that 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 shall be provided adequate and appropri- ate work space, in order to conduct audits in compliance with the provisions of this article together with Article VI. City shall give the subcontractor reasonable advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. 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. NON-PAY ITEM NO_ 2 - REMOVAL OF TRAFFIC BUTTONS AND PAVEMENT MARKINGS AND INSTALLATION OF TEMPORARY LANE TAPE- All traffic buttons shall be removed from the existing asphalt surface before micro-surfacing begins. The contractor shall be responsible for the removal of all buttons and pavement markings on the streets listed in the back of this document. Upon completion of the job the City will install new buttons after proper notification. The contractor shall also be responsible for all materials, equipment and labor to place temporary adhesive lane marking tape, at locations as directed by the Construction Engineer, to direct traffic flow until permanent markers are installed. The contractor shall notify the Construction Engineer to arrange for the replacement of the buttons and adhesive lane markers (arrows, etc.). All costs to the contractor shall be figured as subsidiary to this contract. PAY ITEM NO. 1 - PRO IECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as SP-6 directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting, and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4"fir plywood, grade A-C (exterior)or better. These signs shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be to the satisfaction of the Engineer. The unit price pre bid per each will be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 2- MICRO-SURFACING (POLYMER MODIFIED): This item shall consist of (3/8" to 1/7) three-eighths to one-half-inch layer of "Polymer Modified" as described in the Technical Specifications. The unit price bid per ton of Micro-Surfacing "Polymer Modified" complete and in place, shall be full compensation for asphalt emulsion, aggregate, additives, all labor, cleaning, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 3 - REMOVAL AND REPLACEMENT OF H_M.A_C_ PAVEMENT AND BASE: The contractor is to remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The Construction Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose matenal excavated. As a part of the excavation process, all unsatisfactory base material shall be removed, if required, to a depth sufficient to obtain stable sub-base. The total depth of excavation could range from a couple of inches to include the surface-base-some sub-base removal for which the Construction Engineer will select the necessary depth. The remaining SP-7 good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with Type "D" surface mix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth ,of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312"Hot-Mix Asphaltic Concrete" shall govern work. The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO. 4 - H_M_A.C_JLEVEL UP: This item shall be used to fill ruts, depression with Type "D" surface mix prior to placing the Micro-Surfacing layer where needed as directed by the Engineer in the field. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312"Hot-Mix Asphaltic Concrete" shall govern work. The unit price bid per ton shall be full compensation for all materials, labor, placing, equipment, cleaning and incidentals necessary to complete the work. PAY ITEM NO. 5—CRACK SEALING- Contractor shall seal existing large cracks, 1/4-inch or greater, by using hot poured rubber type joint sealer as directed by the Engineer. Standard Specification Item No. 314.2(11) "Joint Sealing Material" shall apply. The unit price bid per linear foot shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the work. SP-8 TECHNICAL SPECIFICATIONS MICRO-SURFACING (POLYMER MODIFIED) 1. DESCRIPTIONS: A. This item shall consist of a micro-surfacing system which shall be a mixture of cationic modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives mixed and spread on the paved surface in accordance with these specifications. B. All testing required by these specifications is to be performed using Texas Department of Transportation (TxDOT)testing methods and their bulletins. 2. MATERIALS: A. Asphaltic Materials: The asphalt material, designed as CSS-1 P, shall be a cationic slow setting emulsion modified with an approval polymer. The polymer shall be incorporated by blending with the base asphalt prior to emulsification or it shall be co-milled with the asphalt to produce the finished emulsion. The distillation residue of the modified emulsion shall contain a minimum of 3.0 percent polymer by weight, as determined by an analytical method approved by the Engineer. The emulsion supplier shall furnish the Engineer samples of the base asphalt and polymer used in the finished emulsion. In addition, the emulsion shall be homogeneous, shall show no separation of polymer and shall comply with the following requirements: Odin. Max. Viscosity, Saybolt Furol at 77=F, Sec. 20 100 Storage Stability Test, One Day, Percent -- 1 Particle Charge Test Positive Sieve Test, Percent-- 0.1 *Distillation: Oil Distillate, by Volume of Emulsion, Percent 90 Residue, Percent 62 -- Tests on Residue from Distillation: Penetration, 77--F, 100 g, 5 seconds 55 90 Ductility, 77=F, 5 cm/min, cm 70 -- Solubility in Trichloroethylene, Percent 97 -- SP-9 Softening Point, R. & B., F 135 -- *The standard distillation procedure shall be modified as follows: The temperature on the lower thermometer shall be borough slowly to 350 degrees plus or minus 10 degrees F and maintained at this point for 20 minutes. Complete the total distillation in 60 plus or minus 5 minutes from the first application of heat. B. Mineral g9Mgaj __: The mineral aggregate shall be composed of clean, tough, and durable particles of crushed traprock, crushed granite, or crushed sandstone. A sand equivalent of 65 or higher is required. The aggregate shall have a weighted loss of not more than 12 percent when sodium sulfate is used or 25 percent when magnesium sulfate is used in accordance with Test Method Tex-411-A. The polish value for the aggregate shall not be less than 40 when tested in accordance with Test Method Test-438-A. If the traprock is used, the polish value requirement is waived. 1. Grad .s: When tested by Test Method Tex-200-F, Part I, the gradation requirements shall be as follows: Grade 2 Percent Aggregate Passing (Course Graded Surface Course) By Weight Passing 3/8" sieve 99-100 _ Passing No. 4 sieve 86-94 Passing No. 8 sieve 45-65 Passing No. 16 sieve 25-46 Passing No. 30 sieve 15-35 Passing No. 50 sieve 20-25 Passing No. 200 sieve 5-15 2. Mineral Filler: Mineral filler shall be non-air-entrained Portland cement which is free of lumps of foreign matter. C. Water- The water shall be potable and shall be free of harmful soluble salts. D. Madifin : An approved latex modifier, such as Dynatex Latex or other approved equal, along with special emulsifiers shall be milled into the asphalt emulsion. The distillation residue of the modified emulsion shall contain a minimum of 2.0 percent rubber solids by weight, as determined by an analytical method approved by the Engineer. The emulsion supplier shall furnish the Engineer samples of the base SPA 0 asphalt and latex modifier used in the finished emulsion. The modified emulsified asphalt shall be so formulated that when the paving mixture is applied with the relative humidity at not more than 50 percent and ambient air temperature of at least 75 degrees F, it will cure sufficiently that rolling traffic can be allowed in one hour with no damage to the surface. E. Other Additives: Additives supplied by the emulsion manufacturer may be added to the emulsion mix or to any component materials to provide control of the set time in the field. 3. PAVING MIXTURE: A. Mixture Desmon: The mix shall be designed by the Contractor in accordance with Texas Department of Transportation Bulletin C-14 and Test Method Tex-204-F, using Test Method Tex-227-F to supplement Test Method Tex- 201-F and Tex-202-to conform with the requirements herein. The above laboratory mixing and curing procedures may be modified as approved by the Engineer. The emulsified asphalt content will be selected by the Engineer to provide an optimum laboratory compacted density within the range of 94-97 percent. A minimum HVEEM stability of 35 is required for placement exceeding a depth of twice the maximum aggregate size. This is a mix design requirement, to be verified by testing of trail batch material prior to placement of project material. HVEEM stability testing will be performed by the City. The frequency of job control density and stability testing will be determined by the Engineer. The Contractor shall be responsible for payment of all testing, prior to materials being placed. The Contractor shall furnish the mix design for the type of mixture specified together with applicable design work sheets and date. The Bulk Specific Gravity will be determined for each aggregate to be used in the design mixture. If the determined values vary by 0.300 or more, the mixture design will be by the Volumetric Methods, Test Method Tex-204-F, Pat Il. To substantiate the design, trial mixtures will be produced and tested using all the proposed project materials and equipment prior to any placement. The Engineer may waive trial mixtures if the same design has been proven to be in conformance with these requirements. B. Composofinn of Mixture: The Engineer shall approve the design mix and all micro-surfacing materials and methods prior to use and shall designate the proportions to be used within the following limits. SP-11 Residual Asphalt- 6.0 to 9.0 percent by weight of dry aggregate or 13.5 to 23 percent volume of the aggregate. Mineral Filler- 1.5 to 3.0 percent of dry weight of aggregate. Modifier- As required to provide the specified properties. Water- As required to provide proper consistency. C. Jypa: The paving mixture shall consist of a uniform mixture of coarse aggregate, fine aggregate, and asphaltic material. Mineral filler and/or additives may also be required. The mixture shall be designed so that the mineral aggregate will produce a gradation which conforms to the limitations for the master grading for the type specified herein. The gradation will be determined in accordance with Test Method Tex-200-F (Dry Sieve Analysis) and shall be based upon aggregate only. The amount of asphaltic material shall conform to the limitation for the type specified. D. Tal _ran .Ps: The aggregate portion of the paving mixture produced shall not vary from the design gradation by more than the tolerances which follow. The material passing the No. 200 sieve is further restricted to conform to the limitations for the master grading for the type specified. The asphaltic material portion of the paving mixture shall not vary from the design amount by more than the allowed tolerance is also restricted to conform to the master limits. The methods of test for determining the aggregate gradation and asphalt content of the mixture shall be Test Method Tex-21 0-F or other methods of proven accuracy. Percent By Weight or Volume As Ap IijZ cable Passing 3/8" sieve, retained on No. 4 sieve Plus or minus 5 Passing No. 4 sieve, retained on No. 8 sieve Plus or minus 5 " Total Retained on No. 8 sieve Plus or minus 5 Passing No. 8 sieve, retained on No. 16 sieve Plus or minus 3 Passing No. 30 sieve, retained on No. 50 sieve Plus or minus 3 Passing No. 50 sieve, retained on No. 200 sieve Plus or minus 3 Passing No. 200 sieve Plus or minus 2 Asphalt Material Plus or minus 0.5 SP-12 by weight or 1.2 by volume 4. FOUIPMENT: All equipment for the handling of all materials and mixing and placing of the mixture shall be maintained in good repair and operating condition and subject to the approval of the Engineer. Any equipment found to be defective and potentially affecting the quality of the paving mixture will be replaced by the Contractor, at no cost to the City. This material shall be mixed by a self-propeller micro-surfacing mixing machine which shall be a continuous flow mixing self-contained unit able to accurately deliver and proportion the aggregate, emulsified asphalt, mineral filler, and water to a revolving multi-blade mixer and discharge the mixed product on a continuous flow basis. The machine shall have sufficient storage capacity for aggregate, emulsified asphalt, mineral filler, and water to maintain an adequate supply to be proportioning controls. The machine shall be equipped with self-loading devices, which provide for the loading of all materials while continuing to lay micro-surfacing, thereby minimizing construction joints. Upon approval by the Engineer, a truck-mounted micro-surfacing unit may be used on cul de sacs or small residential streets. Individual volume or weight controls for proportioning each material to be added to the mix shall be provided. Each material control device shall be calibrated and properly marked. The aggregate feed to the mixer shall be equipped with a revolution counter or similar do device so the amount of aggregate used may be determined at any time. The emulsion pump shall be a positive displacement type and shall be equipped with a revolution counter or similar device so that the amount of aggregate used may be determined at any time. The mixing machine shall be equipped with a water pressure system and nozzle type spray bar to provide a water spray immediately ahead of and outside the spreader box. The mixing machine shall be equipped with an approved fines feeder that shall provide a uniform, positive, accurately metered, predetermined amount Of the specified mineral filler. The mixing machine shall have a driver station located on each side. 5, STOCKPIt ING AND STO A A. Agp=ate Storage: If the mineral aggregates are stored or stockpiled, they shall be handled in such a manner as to prevent segregation, mixing of the various materials or sizes, and contamination with foreign materials. The grading of aggregates proposed for use and as supplied to the mixing plan shall be uniform. Suitable equipment of acceptable size shall be furnished by the Contractor to work the SP-13 stockpiles and prevent segregation of the aggregates. The mineral aggregate shall be screened prior to being weighted for a job site delivery. This weight shall be done by means of a scale approved by the Engineer. B. Storage and Heating of Asphaltic Materials: The asphaltic material storage shall be ample to meet the requirements of the plant. Asphalt shall not be heated to a temperature in excess of that specified in the Item "Asphalts, Oils, and Emulsions." All equipment used in the storage and handling of asphaltic material shall be kept in a clean condition at all times and shall be operated in such a manner that there will be no contamination with foreign matter. C. Storage o a ion: It shall be the responsibility of the Contractor to provide storage locations for materials, at no cost to the City. 6. CONSTRUCTION METHODS: A. General: It shall be the responsibility of the Contractor to produce, transport, and place the specified paving mixture in accordance with those specifications and as Ir` approved by the Engineer. B. Weather Limitations: The material shall be spread only when the atmospheric temperature is at least fifty (50) degrees F and rising and the weather is not foggy or rainy. C. ,Surface Preparation: a' 1. The area to be sealed shall be thoroughly cleaned of all vegetation, loose aggregate, and soil. 2. Water used shall be applied at a rate to dampen the entire surface without any free flowing water ahead of the spreader box. 3. Any ruts, utility cuts, depression in excess of 1/2" shall be filled using a rut box prior to placing final surface treatment. 4. All manholes and water valves will be covered with plastic prior to placing micro-surfacing. 5. The Contractor shall remove all raised pavement markers in a manner i; which will protect and ensure no damage to the existing pavement. Any pavement damaged by the Contractors operations shall be repaired at no cost to the City. Any excess debris shall be removed by the Contractor at no SP-14 cost to the City. 6. All 2 ft. x 8-ft. longitudinal crosswalk bars shall be removed from the existing pavement prior to placing micro-surfacing. D. Spreading Equi ant: The paving mixture shall be spread uniformly by means of a mechanical type squeegee box attached to the mixer, equipped with paddles to agitate and spread the materials throughout the box. A front seal shall be provided to ensure no loss of the mixture at the road contact surface. The rear seal shall act as a final strike-off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of aggregate and asphalt on the surface. The spreader box and rear strike-off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike- off. The seam where two spreads join shall be neat appearing and uniform. E. Workmanship: No excessive buildup, uncovered areas or unsightly appearance will be permitted on longitudinal or transverse joints. Longitudinal joints shall be placed on lane lines. Excessive overlap will not be permitted. Care shall be taken to insure straight liens along the roadway centerline, lane lines, shoulder or curb lines. Lines at intersections will be kept straight to provide a good appearance. Areas which cannot be reached with the mixing machine shall be surfaced using hand tools to provide complete and uniform coverage. The area to be handworked shall be lightly dampened prior to mix placement. Care shall be exercised in areas that require handwork so that the finished surface is uniform in texture, dense and of overall good appearance comparable to that produced by the spreader box. Micro- surfacing material required to repair deficiencies due to unsatisfactory workmanship ` shall not be paid for but shall be entirely at the Contractor's expense. F. Notification: It shall be the responsibility of the Contractor to notify all residents adjacent to the project of micro-surfacing operation and schedules. Such notice shall be given at least 48 hours before the work begins. G. Traffic Control: It shall be the responsibility of the Contractor to provide adequate traffic control measures, such as barricades, flagment, cones, etc., to protect the uncured micro-surface from all types of traffic and provide traffic safety in the construction area. Advance warning signs and barricades will be necessary. This shall be in accordance with the City of Fort Worth Work Area Traffic Control Manual and those requirements specified in the Special Prnyicionc, Item No 8_, Traffic Control_ SP-15 PW w+ CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW ■ Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Micro-Surfacing 200547 at Various Locations and City of Fort Worth Project No. GS93-020930511170. -C�NTRAC T OR: By: Name: Title: t Date: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared I31ARRill 14, bmh/ 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 W for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this l-�7N day f /tifH 20 QS RusnreowMM NNotaryPiublip in and for the State of MY COMMISSION EXPIRES Texas ''`;pt December 18,2008 Bond# 213 57 06 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Vikina Construction. Inc. , as Principal herein, and (2) INDEPENDENCE CASUALTY AND SURETY COMPANY , a corporation organized under the laws of the State of(3) TSS and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in t Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Seven Hundred Fifty Three Thousand, Three Hundred Fifty Two Dollars and No Cents Dollars a ( $753.352.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 1°t day of March , 2005, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of MICRO-SURFACING i 2005-17 AT VARIOUS LOCATIONS Proi,ect No. GS03-020830511170. NOW, THEREFORE, the condition of this obligation is such, if the said Principal I shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 1st day of March —, 2005. VIKING CONSTRUCTION, INC. �! P CIPAL ` ATTEST: By: Name: BARRY H DUNN (Principal) Secretary Title: PRESIDENT (S E A L) Address: 2592 SHELL ROAD GEORGETOWN, TX 78628 S Witness as to Prin pal INDEPENDENCE CASUALTY AND SURETY COMPANY SURE IATTEST: BY "is r rv, r . Name: LINDA EDWARDS Secre ry Attorney in Fact u i (S E A L) Address: P.O. BOX 164077 AUSTIN. TX 78716 Witness as Surety Telephone Number: 512/421=2540 k NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety i� Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. No. 0004660 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That hmrance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint LINDA EDWARDS,ROBERT C.FRICKE,JAMES F.SIDDONS,TOMMY NELSON,ROBERT C.SIDDONS, STEVEN B.SIDDONS AND DOUGLAS J.WEALTY,BENJAMIN A.SIDDONS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings. and other similar contracts of suretyship,and any related documents. In witness whereof;the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. E�OIIA{yYaR �1iS(/q M'O co INSURANCE COMPANY OF THE WEST �oa►nw,�ri c���on•Oym THE EXPLORER INSURANCE COMPANY >'g SEAL n INDEPENDENCE CASUALTY AND SURETY COMPANY cusaun► �'1't x�+a John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California } ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MARY COBB + C COMM.#1321341 A U NOTARYPUBLtC-CALIFORNIA (A DIEGO COUNTY M$yAC mmtss Expires SEPTEMBER 20.2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying-" CERTIFICATE 1,the undersigned,Assistant Secretary of hrsurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the aw respective Boards of Directors of the Companies,and now in full force. IN WITNESS WHEREOF,I have set my hand this viT day of 05. John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you maycaQ 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to wbiol+We power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call:85§)150-2400. «w Bond# 213 57 06 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Mina Construction. Inc. , as Principal herein, and (2) INDEPENDENCE CASUALTY AND SURETY COMPANY , a corporation organized and existing under the laws of the State of(3) Tis , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation j 1 located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Seven Hundred Fifty Three Thousand, Three Hundred Fifty Two Dollars and No # Cents Dollars ($753.352.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the r� Obligee dated the 114 day of March , 2005, which contract is hereby referred to 7I and made a part hereof as if fully and to the same extent as if copied at length, for the iJ following project: MICRO-SURFACING 2005-17 AT VARIOUS LOCATIONS Project No. GS93-020930511170. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of J the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it ILA were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 1't day of March , 2005. VIKING CONSTRUCTION, INC. P CIPA ATTEST: By: Name: BARRY H DUNN (Principal) Secretary Title: PRESIDENT (S E A Q Address: 2592 SHELL ROAD ..' GEORGETOWN, TX 78628 Witness as to Prin ipai I INDEPENDENCE CASUALTY AND SURETY COMPANY SURETY - ATTER By: �o S?,, ' Name: LINDA EDWARDS Secretary Attorney in Fact A (S Address: P.O. BOX 164077 AUSTIN, TX 78716 ` . Witne as#'o S rety Telephone Number: 512/421-2540 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. J The date of bond shall not be prior to date of Contract. � a LA No. 0004660 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint LINDA EDWARDS,ROBERT C.FRICKE,JAMES F.SIDDONS,TOMMY NELSON,ROBERT C.SIDDONS, STEVEN B.SIDDONS AND DOUGLAS J.WEALTY,BENJAMIN A.SIDDONS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof;the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. 4E,01APAvror, tNBUq �� INSURANCE COMPANY OF THE WEST sJ�a�uarour�.i o�F.4oNVO���Ay� THE EXPLORER INSURANCE COMPANY SEAL n INDEPENDENCE CASUALTY AND SURETY 4wm1.0% `6,+y. �. 0 9 i COMPANY tOMA D� `A John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego �w On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MARY COBE ... .' ''+�C• COMM.#1321341 n U NOTARY PUKIC-CAUFORNIA 0 vy-oat 010� SAN DIEGO COUNITV 0 V } M Comrnisswn expirm SEPTEMBER 20.2005 Mary Cobb,Notary Public * RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." C'ERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now infull force. IN WITNESS WHEREOF,I have set my hand this I4r day of �^ John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may cam U496 11.1 at�d�k gr the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to wbidI the power is attached.Jew information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or calf 85�}350,7400. ar 4 Bored# 213 57 06 MAINTENANCE BOND 1 .! THE STATE OF TEXAS § § COUNTY OF TARRANT § r KNOW ALL BY THESE PRESENTS: That Viking Construction. Inc. ("Contractor"), as principal, and, JINDEPENDENCE CASUALTY AND SURETY COMPANY a corporation organized under the laws of the State of TEXAS ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Seven Hundred Fifty Three Thousand, Three Hundred Fifty Two Dollars and No Cents Dollars ($753.352.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. s This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 4`t of March , 20 05, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: MICRO-SURFACING 2005-17 AT VARIOUS LOCATIONS the same being referred to herein and in said contract as the Work and being designated as project number(s) GS93-020930511170 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term a of 2 (Two)Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. j This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be f deemed an original, this 1"t day of March , A.D. 2005. VIKING CONSTRUCTION, INC. PRI CIPAL ATTEST: By: Y Name: BARRY H DUNN (Principal) Secretary Title:_ PRESIDENT (S E A L) Address: 2592 SHELL ROAD GEORGETOWN, Tx 78628 Witness as to Principal I INDEPENDENCE CASUALTY AND SURETY COMPANY i SURE ATTEST: By: 20 aL'4=MVz_ ' Name: LINDA EDWARDS Secretary Attorney in Fact A LAddress: P.O. Box 164077 AUSTIN, TR 78716 Witness tosurety Telephone Number: 512/421-2540 r NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety j Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. No. 0004660 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The a Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint LINDA EDWARDS,ROBERT C.FRICKE,JAMES F.SIDDONS,TOMMY NELSON,ROBERT C.SIDDONS, STEVEN B.SIDDONS AND DOUGLAS J.WEALTY,BENJAMIN A.SIDDONS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. t,q*PA'r¢e �Nstl9 INSURANCE COMPANY OF THE WEST Q'R4o00*4lc+ THE EXPLORER INSURANCE COMPANY aO a SEAL r" INDEPENDENCE CASUALTY AND SURETY — � n Mwy,At► +�'�, �.: a COMPANY HylNA tD J . C� John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California } ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MARY COBE ""'+! � COMM.#1321341 AA vel, to NOTARYC-CdIA to SAN DIEGO COUNTY � V r My Commission Expires SEPTEMBER 20 2005 Mary Cobb,Notary Public RESOLUTIONS • This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant +" Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney{s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity *^ and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and now m full force. WITNESS IN WHEREOF,I have set my hand this_ day of John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Croup, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-,4(10. I.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego,CA 92130-2045 P.O.BOX 85563,San Diego,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com Bond Number: 213 57 06 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar($1.00). Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 1" day of March , 20 05 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 Viking Construction, Inc. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: W 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made f 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: MICRO-SURFACING 2005-17 AT VARIOUS LOCATIONS Designated as project number, GS93-020930511170 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-1 3. The Contractor hereby agrees and binds himself to commence the construction of said work within r ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. .1 4. 14 The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 55 (Fifty-Five) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and 11 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 $ 315.00 per working day, not as a penalty but as liquidated damages, the y Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to in the work herein provided for within the time herein fixed or to � �9 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. 1 �r 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 rn part, by the ne_gliQence or alleged nepli_aence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to s property of the Owner arising from the performance of any of the terms and conditions of this C-2 : Contract, whether or not any such iniury or damage is caused in whole or in part by the nepl/pence or alleged ne_ali_pence 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. r 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. I ' 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 f 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 Texas Govemment Code Section 2253, as amended, in the form included in the Contract Documents, i 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 i 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 j from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be I SEVEN HUNDRED FIFTY THREE THOUSAND, THREE HUNDRED FIFTY TWO DOLLARS AND NO CENTS 753,352.00 C-3 s. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. l� 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. �t 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 goveming all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 M 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. rU C-4 Done in Fort Worth, Texas, this the 1'` day of March , 20 05 . RECOMMENDED: 7777% DIRECTOR, DEPARTMENT OF SIST NT ITY MANAGER ° ENGINEERING APPROVED: Ar DIRECTO9, TRANSPORTATION AND " PUBLIC WORKS VIKING CONSTRUCTION, INC. ATTEST: (Contractor) CITY SECR RY (SEAL) BY: ) e—rJo, 4q- (Representative) Contract Authoria-atiox PRESIDENT Date (TITLE) 2592 SHELL ROAD APPROVED AS TO FORM & (Address) LEGA GEORGETOWN, TX 78628 (City/State/Zip) A T CITY A ORNEY November 1960 Revised May 1986 i Revised September 1992 Revised January 1993 Revised April 1999 OFFICIA1 Bob Revied June 199 Revised June 2001 CITY SK(�RgTARY L.Fy. FORTH, TEX. 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SOUTH HILLS CIR BELLAIRE CIR BELLAIRE CM MIC 072 3 89D SOUTH MEADOW DR SOUTH MEADOW DR E «'ILLO«1•IE'.\' MIC 0 87 6 101E STAMPS AVE S DEAD END DOUGLAS ST MIC 0.26 7 6011 SUFFOLK DR TRAIL LAKE DR WINSLOW DR MIC 0.31 3 89H SUNDOWN DR SAM CALLOWAY RD NANNETTE ST MIC U 67 6011 SUNFLOWER CT N CUL-DE-SAC COLUMBUS TRL MIC 0.07 6 103M SUTTONWOOD DR PLAINFIELD DR GOLDFINCH DR MIC 0.12 58Y SUTTONIVOOD DR FLAXSEED LN STONEY BRIDGE RD MIC 0.21 7 58Y SWEETGUM WAY S HELEN ST COLUMBUS TRL MIC 0.55 6 103K TIERNEY RD E LANCASTER AVE PANOLA AVE MIC 0.31 5 '9F TIERNEY RD PANOLA AVE VINSON ST MIC 0.29 5 79F TIFFANY MEADOWS LN E ALTAMESA BLVD WICHITA ST MIC 0.52 8 106B VAN NATTA LN POLLARD ST CRAVENS RD MIC 0.15 5 79H WALNUT DR SAM CALLOWAY RD NANNETTE ST MIC 0.66 60R WESTCREEK DR SOUTHPARK LN SOUTH MEADOW DR 411C 0.51 6 104A WESTFIELD AVE WESTCREEK DR SOUTH RIDGE TER MIC 0.13 3 90N WESTLAKE DR WESTDALE DR SOUTHWEST LOOP 820 MIC 0.38 3 89K WHITFIELD AVE SOUTH DR WESTLAKE DR MIC 0.62 3 89K WINDCREST LN SOUTHPARK LN AMBER DR S MIC 0.38 6 104A YELLOWLEAF DR S HULEN ST SILVERIDGE DR MIC 0.90 6 103K Total Lone 4files 50.08 IP Tuesday.December 07.2.1U1 Transportation and Public Works Page 3 of 3 Infrastructure Division