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HomeMy WebLinkAboutContract 32597 -DUS COPY FOR: CONTRACTOR :Zcc0lTy:tcllR-lllr-0ay R'SbON�iNG CO R SPECIFICATIONS AND CONTRACT DOCUMENTS -CiTYMAXO a'SOMCE ENG14MR1u6 WV. T/PW-FILE CORY BRIDGE REPAINTING & CONCRETE REPAIR RIVERSIDEDR. NB & SB (2005-22) PROJECT NO. GS93-020930260700 IN THE CITY OF FORT WORTH, TEXAS JULY 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER G ROBERT R OODE, PE " DIRECTOR OF TRANSPORTATION { t l ti w AND PUBLIC WORKS DEPARTMENT GEORGE BEHMANESH, PE ASSISTANT DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ORIGINAL .. no City of Fort Worth, Texas sm Mayor and Council Communication COUNCIL ACTION: Approved on 10/4/2005 DATE: Tuesday, October 04, 2005 LOG NAME: 20RIVERSIDE 05- REFERENCE NO.: **C-21057 SUBJECT: Authorize Execution of Contract with Gibson & Associates, Inc., for Bridge Repainting and Concrete Repair on Riverside Drive Northbound and Southbound (2005-22), over the West Fork Trinity River RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Gibson & Associates, Inc., in the amount of$244,740.00 for 80 working days for bridge repainting and concrete repair on Riverside Drive Northbound and Southbound (2005-22), over the West Fork Trinity River. DISCUSSION: .,, In the FY2004-2005 Contract Major Maintenance Program, various types of maintenance techniques are used to maintain the City's street network, including bridges. This project provides for repairs and repainting of two bridges in the City. Work will include painting steel members and tops of bents and repairing damaged sidewalks and abutments at the following locations: BRIDGE OVER Riverside Drive Northbound West Fork Trinity River .� Riverside Drive Southbound West Fork Trinity River 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 in the Commercial Recorder on July 14 and 21, 2005. On August 18, 2005, the following bids were received: BIDDERS AMOUNT .. Gibson&Associates, Inc. $244,740.00 NG Painting, LP $277,693.00 DMS Painting, Inc. $349,986.00 �+ Blastco Incorporated $520,930.00 Texas Bridge, Inc. NON-RESPONSIVE The low bidder, Gibson & Associates, Inc., was selected and is in compliance with the City's M/ BE Ordinance by committing to 8% M/WBE participation and documenting good faith effort. Gibson & Associates, Inc., identified several subcontracting and supplier opportunities. H contacted in the areas identified did not submit the lowest bids. The City's goal on th s'p'4 iL °lov:'. CITY 0�I CIV, IEa,pL17 � �Ua tTV Ih�4➢' �LS/rYa This project is located in COUNCIL DISTRICT 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/Account/Centers FROM Fund/Account/Centers GS93 541200 020930260700 $244,740.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) SPECIFICATIONS AND CONTRACT DOCUMENTS BRIDGE REPAINTING & CONCRETE REPAIR RIVERSIDE DR. NB & SB (2005-22) PROJECT NO. GS93-020930260700 IN THE CITY OF FORT WORTH, TEXAS 2005 a5 GEORGE H , P. DATE ASSISTANT DIRECTOR, DEPARTMENT OF TRANSPORTATION & PUBLIC WORKS TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Scope of Work 4. Prevailing Wage Rates 5. Proposal 6. Vendor Compliance to State Law 7. Minority and Women Business Enterprises Specifications 8. Special Provisions 9. Contractor Compliance With Workers' Compensations Law 10. Certificate of Insurance v 11. Performance Bond 12. Payment Bond 13. Maintenance Bond 14. Contract APPENDICES: Appendix A: Project Location Map { Appendix B: Photographs and Notes of Selected Deficiencies Along Bridges Appendix C: Project Design Sign Detail Appendix D: Traffic Control Plans NOTICE TO BIDDERS Sealed proposals for the following: BRIDGE REPAINTING&CONCRETE REPAIR RIVERSIDE DR. NB&SB(2005-22) PROJECT NO. GS93-020930260700 Addressed to Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M.,Aug 18,2005 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be purchased for twenty dollars($20.00)per set at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. These documents contain additional information for prospective bidders. A pre-bid conference will be held at 9:00 A.M., Aug 4, 2005 in the Transportation Public Works Conference Room 270,2"d floor, Municipal Building. Bid security is required in accordance with the Special Instruction to Bidders. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 392- 7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the timeline stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with Documentation) and/or- the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five(5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non- responsive. The Managing Department for the project is the Department of Transportation and Public Works. For additional information, contact Julie Westerman at(817)392-2486. CHARLES R. BOSWELL MARTY A. HENDREX CITY MANAGER CITY SECRETARY George Behmanesh, P.E. Assistant Director, Department of Transportation Public Works Advertising Dates: July 14,2005 July 21,2005 1 - 1 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 $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. 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. +� 2- 1 r, 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) 392-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. 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 BONDS: 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 $25,000 or less, payment to the •• Contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. All contracts shall require a Maintenance Bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. .. 2-2 nr .. To be an acceptable surety on the performance, payment and oft 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. 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 "Vernon's 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 Transportation and Public Works 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 2-3 Oft .ft appropriate bonds, proof of insurance for Workers' Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, .. $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 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 REQUIREMENTS: 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 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 $10,000.00 per occurrence unless otherwise approved by the City. G. Other than workers' 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. •. 2-4 .n H. Workers' compensation insurance policy(s) covering employees aft employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. Ma 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 business 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 or majority owner has its principal place of business in this state. .. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a Contractor whose ultimate parent company am 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 oft 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. .. 2-5 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with Documentation) and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to .. comply shall render the bid non-responsive. Upon 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 must meet the terms of the M/WBE Ordinance by complying with the following procedures: A M/WBE 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 M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the 2-6 M% M/WBE subcontractors and suppliers only. The M/WBE Office will 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 M/WBE Office should be notified. • If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE 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 M/WBE 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 provide the M/WBE Office with a Final Summary Payment Report Form to reflect the total participation from ALL (M/WBE and non-M/WBE's) subcontractors/suppliers utilized on the project. All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional information regarding compliance to the M/WBE Ordinance, call AA (817) 392-6104. Upon request, Contractor agrees to provide to Owner complete and so accurate information regarding actual work performed by a "'� 2-7 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 will result in the Contractor ON being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. Mft 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.PAYMENT FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: The Contractor will receive full payment (less 5% retainage) from the City for each pay period. Payment of the retainage will be made with the final payment upon acceptance of the project as being complete. 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. The warranty period shall begin as of the date that the final punch list has been completed. +� Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the City and there .ti is a dispute regarding (i) final quantities, or (ii) liquidated damages, City shall make a payment I the amount that City deems due and payable. 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.OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of 2-8 a� motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. If the Contractor is unable to perform continuous work for a period of at „m least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Ozone Alert Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16.WORKERS' COMPENSATION 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. "' 2-9 Toil l 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 4 has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City: 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. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten 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; +1 2- 10 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. 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. .r J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by 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- 2- 11 insured, with the commission's Division of Self-Insurance Regulation. Providing false or 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 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. .� 2- 12 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. .. 2- 13 PROJECT SCOPE OF WORK Riverside Dr. North Bound/West Fork Trinity River This is a 44' wide by 334' long steel I-beam bridge built in 1961. In recent years, the deck has been overlaid with asphalt and the handrail has been painted. The primary objective of work at this location is to clean and repaint the steel superstructure of the bridge. Work will also include: cleaning, sealing and painting bent caps; repairing approach sidewalks at all four corners of the bridge; patching spalled concrete on railing and abutment faces; and filling voids under concrete slope pavement. For additional details, see Appendix A Riverside Dr. South Bound/West Fork Trinity River This is a 45' wide by 292' long steel I-beam bridge built in 1931. In recent years, unsound concrete has been replaced in the deck and the entire deck has been overlaid with asphalt. The primary objective of work at this location is to clean and repaint the steel superstructure of the bridge. Work will also include: cleaning, - sealing, and painting bent caps; patching spalled concrete on railing and abutment faces; and filling voids under concrete slope pavement. For additional details, see Appendix A 3- 1 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 2000 ASPHALT RAKER $10.32 ASPHALT SHOVELER 9.75 BATCHING PLANT WEIGHER 9.65 CARPENTER (ROUGH) 13.64 CONCRETE FINISHER-PAVING 10.16 CONCRETE FINISHER HELPER (PAVING) 9.70 CONCRETE FINISHER-STRUCTURES 13.44 FLAGGER 7.00 FORM BUILDER-STRUCTURES 13.44 FORM SETTER-PAVING &CURB 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 '/Z CY) 10.00 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL(>1 %z CY) 11.52 FRONT END LOADER(:S-2 Y.CY) 9.94 FRONT END LOADER(>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 4- 1 PROPOSAL TO: Mr. Charles R. Boswell City Manager Fort Worth, Texas FOR: BRIDGE REPAINTING &CONCRETE REPAIR RIVERSIDE DR. NB&SB(2005-22) PROJECT No. GS93-020930260700 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 complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Department of Transportation and Public Works Director of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1. 2 EA. PROJECT DESIGNATION SIGN @ iW6 1IVKAreA Dollars& $_122=0_0 K0 Cents Per E4 S.P. 2A. 1 LS CLEAN, PRIME,AND PAINT STEEL SUPERSTRUCTURE AT RIVERSIDE DR NB/WFTR $ IB WD•cD$ 118,boo.to ftkuNArulciv�{,�xw. noysowd Dollars& �W Cents Per LS S.P. 2B. 1 LS CLEAN, PRIME,AND PAINT STEEL SUPERSTRUCTURE AT RIVERSIDE OR SB/WFTR. $ poo.00$ 10(0,000.00 ,; r.�x_yuLi4 $n MAJ Dollars& ho Cents Per LS S.P. 3A. 1 LS CLEAN, SEAL AND PAINT TOPS OF BENTS AT RIVERSIDER DR NB. twv#wvseJ hw_6 mdrtd Dollars& $ 2,SM•w $ Z,sOO o° ku Cents Per LS S.P. 3B. 1 LS CLEAN, SEAL AND PAINT TOPS OF BENTS AT RIVERSIDE DR SB. fbVr4ANSUld Dollars& $ o•p> $_4Q0 0_W Cents Per LS 55- 1 +11GjijU CT,/ S.P. 4. 15 CY FLOWABLE FILL IN VOIDS +iicc64Artd-1 we!!►j Dollars& $ .Ob $ of,$�.pa %0 Cents Per CY S.P. 5. 12 EA ACCESS HOLES FOR FLOWABLE FILL iw"v ,► Dollars& $ .00 $ Z O.00 h,o Cents Per EA S.P. 6. 65 SF REPAIR CONCRETE SURFACE SPALLING one 6"o d fort,) Dollars& $--140.00 40.00 $ Po.DD. ILO Cents Per SF S.P. 7. 1 LS TRAFFIC CONTROL a ifn� �xaNd Dollars& ko Cents Per LS S.P. 8. 5 CY. REMOVE&REPLACE SIDEWALK VW-4tUA .kd Dollars& u,o Cents Per CY �--- S.P. 9. 7 CY ABUTMENT REPAIR y bw- i dkidA.S.-A Dollars& %A,b Cents Per CY $ oo $� S.P. 10. 600 LF SLOPE PAYMENT CRACK SEALING SP�Y2v► Dollars& _ vw Cents $ Per LF 00 o�"y 11. 1 EA. Remobilization @ Five Hundred Dollars& No Cents Per EA $500.00 $500.00 1 TOTAL BID $ 5-2 This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Eighty (80) 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 deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of :five unt a( ).,d Dollars ($ c57• fn" ) 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. (l/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) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted: Contractor Gltlkon -f iACssQGa-I�SYAG- (Pnnte me Principal). (Signature) r Address P.D. 6Dk. Roi wi 'Pxc.l rl� ��. 1X '151Bd-o5'l�t (Printed) Telephone r 97Z-551 -1 IqG E-Mail �e�-t-q�G(jbSo'�tSs�c ►1�-�' (SEAL) Date IS!05 5-3 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: 616--ph f kS w Inc'. By: Myna 61kcwl -seat P �� bDk b�fY!1�1 Signature: Vfii�/I-JJ1rX1'thS1 /� 7 � 1� Title: ���I City Stat Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 6- 1 FORT WORTH RECEIVED AUG 2 4 2005 �-�00" City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE goal is applicable. If the total dollar value of the contract is less than$25,000, the M/WBE goal is notapplicable. 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. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 11 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation,or; 3. Waiver documentation, 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/WBEparticipation: 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)871-6104. Rev.5/30/03 ATTACHMENT 1A Page 1 of 4 FOR T�WOrRTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Gibson&Associates,Inc. PROJECT NAME: MM/DBE I X NON-MM/DBE i Bridge Painting&Concrete Repairs at Riverside NB&SB(2005-22) BID DATE 08/18/05 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 11% 8 % GS93-020930260700 . 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 MNVBE 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 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 1St tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs 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(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full MNVBE credit. The MNVBE may lease trucks from non-MNVBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MNVBE as outlined in the lease agreement. Rev. 5/30/03 FORT WORTH ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address I M W C X M Subcontracting Work Supplies Purchased Dollar Amount r B B T D W Telephone/Fax R O B E E C T E A Walnut Hill Paint 1 X Paint Supplier $ 18,700.00 Company 2720 Royal Lane #172 Dallas, TX 75229 CrossRoads, L.P. 1 X Traffic Control $ 3,870.00 2809 N. Beach St. Ft, Worth, TX 76111 817-759-1199 Rev.5/30/03 ATTACHMENT 1A Page 3 of 4 FoR�x Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n i N T Detail Detail Company Name Address e M wC X M Subcontracting Work Supplies Purchased Dollar Amount r B B T D VY Telephone/Fax R O B E E C T E A Rev.5/30/03 ATTACHMENT 1A Page 4 of 4 Foxr�Wox,TH Total Dollar Amount of M/WBE Subcontractors/Suppliers $18,700.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $3,870.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $22,570.00 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 Change/Addition. 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. William J. Gibson Authorized Sig nature V Printed Signature Vice President Ramona Jolley Title Contact Name/Title(if different) Gibson &Associates, Inc. 972-557-1199/972-557-1552 Company Name Telephone and/or Fax P.O. Box 800579 dolleyCc)-gibsonassoc.net Address E-mail Address Balch Springs, TX 75180-0579 August 18, 2005 City/State/Zip Date Rev.5/30/03 ATTACHMENT 1 B FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe Gibson&Associates, Inc. prime PROJECT NAME: MM/DBE X NON-MM/DBE Bridge Painting&Concrete Repairs at Riverside NB&SB(2005-22) BID DATE August 18,2005 City's MNNBE Project Goal: PROJECT NUMBER 11% GS93-020930260700 If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.,five(5) City business days after bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs 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 creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. "444 dAJXA s� William J. Gibson Authorized Signature Printed Signature Vice President Ramona Jolley _ Title Contact Name(if different) Gibson &Associates. Inc. 972-557-1199 972-557-1552 Company Name Phone Number Fax Number P.O. Box 800579 rjolleyfgibsonassoc.net Address Email Address Balch Springs, TX 75180-0579 August 18, 2005 City,State,Zip Date Rev.5/30/03 RECEIVED AUG 14 1005 ATTACHMENT 1C Page 1 of 3 FORT WORTH .......... City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe Gibson&Associates,Inc. prime PROJECT NAME: MM/DBE I X I NON-MM/DBE Bridge Painting&Concrete Repairs at Riverside NB&SB(2005-22) BID DATE August 18, 2005 City's M/WBE Project Goal: PROJECT NUMBER 11% GS93-020930260700 If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five(5)City business days after bid opening,exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-MNVBE. (DO NOT LIST NAMES OFF� IRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Traffic Control Paint Supplier Concrete Ready-Mix Rev.05/30/03 1�` IL CVED a 2 4 LVi5 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. X Yes Date of Listing 8/4/05 No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? X Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? X Yes (If yes,attach list to include name of M/WBE firm, ep rson contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of MIWBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of MIWBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential MIWBEs or information regarding the location of plans and specifications in order to assist the MIWBEs? X Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MMBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Please use additional sheets, if necessary,and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection Please see attached form Rev.05/30/03 2 4 2C35 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. We were able to achieve 8% participation on this project by utilizing Walnut Hill as a paint supplier. We also received quotations from Cowtown Traffic Control and Richardson Co. but neither company was the low bidder. I have attached copies of therir quotes along with documentation from other subcontractors showing that they were not the low bidder. Much of this work is specialized work a lot of which we are able to self perform. For the entire contract we will be subcontracting/supplying only 9%which is below the 11% goal. So even if we had utilized a minority subcontractor in all the categories we plan to subcontract to we would still be short of the goal. I believe our documentation shows our good faith and honest efforts to achieve the 11% goal. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. "'. 9 eLL, William J. Gibson Authorized SignatuVe Printed Signature Vice President Ramona Jolley ' Title Contact Name and Title (if different) Gibson &Associates. Inc. 972-557-1199 972-557-1552 Company Name Phone Number Fax Number P.O. Box 800579 riolley(ftibsonassoc.net Address Email Address Balch Springs, TX 75180-0579 08/18/05 City/State/Zip Date Rev.05/30/03 CITY OF FORT WORTH, TEXAS DEPARTMENT OF TRANSPORTATION & PUBLIC WORKS SPECIAL PROVISIONS FOR: BRIDGE REPAINTING & CONCRETE REPAIR RIVERSIDE DR. NB &SB (2005-22) PROJECT NO. GS93-020930260700 1. SCOPE OF WORK: The primary objective of this project is to clean and repaint the steel superstructures and bent caps of both the northbound and southbound bridges of Riverside Dr. over the West Fork Trinity River. Minor concrete repairs are also included. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the bid and bid alternate which are considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. 3. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 4. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this contract. 5. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Yom:. proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. At the sole discretion of the City, the City reserves the right to add, delete, or substitute locations in this contract. When the quantity of work to be done or materials to be furnished under any major pay item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its etiretv from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and Department of Transportation and Public Works and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers' Compensation and all other insurance required by law or by ordinance. The Assistant Director of the Department of Transportation and Public Works or his representative will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced with the actual field cost as herein specified. Upon request, the Contractor shall provide the Assistant Director of Transportation and Public Works or his representative access to all accounts, bills and vouchers relating thereto. 6. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 7. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Transportation and Public Works, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable 8-2 to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 8. CONTRACT DOCUMENTS: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "nonresponsive" and rejecting bids or voiding contract as appropriate and as determined by the Assistant Director of the Department of Transportation and Public Works. 9. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in ' this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10.TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. This traffic control plan shall be submitted for review and approval to Mr. Charles R. Burkett, City Traffic Engineer, Department of Transportation & Public Works, at least 10 working days prior to the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the time frame established in the Notice to Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign that has been erected by the City. The Contractor shall not install any sign on a city post, pole, or structure without first obtaining permission from the Engineer. 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 871-8107), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled the Contractor shall again 8-3 contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. 11.PAYMENT: The Contractor will receive monthly payment (minus 5% retainage) from the City for all work generated within a pay period. Payment of the remaining amount shall be made with final payment and upon acceptance of the project. 12.DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 13.DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 14.DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must 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 Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain 8-4 or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoilffill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. No temporary storage of material, rubble, equipment or vehicles within Parkway is allowed. Damage to sodded/landscaped areas would be replaced at Contractor's expense to the satisfaction of City Engineer. 15.CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer prior to construction a schedule outlining anticipated time each phase of construction will begin and be completed, including clean up time. 1620NING REQUIREMENTS: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 17.QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in-situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. 8-5 (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 18.PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 19.SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 20.RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace 8-6 in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: 50 copies and $0.10 per page. 4 under More than 50 $0.85 for first page plus $0.15 copies for each page thereafter. (d) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 21.SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY: The Contractor shall be responsible for restoring the site to original or better conditions after completion of his operations subject to approval of the Owner. Replacement shall be in kind or better. At the Contractor's discretion, digital photos may be taken of existing conditions for documentation. The burden of proof as to pre-project site conditions is the sole responsibility of the Contractor. The Contractor shall immediately repair or replace any damage to private property, including but not limited to fences, walls, pavement, and water and sewer services, at no cost to the Owner. All costs for site restoration, repair or replacement to private property and documentation shall be considered subsidiary to the project contract price and no additional payment will be allowed. 22.EXISTING UTILITIES: 8-7 (a) The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his operations. Contractor shall make all necessary provisions for the support, protection, relocation, and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and any other utilities and structures both above and below ground during operations. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all costs incurred for the protection and/or temporary relocation of such facilities shall be subsidiary to the contract amount. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. (b) Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction or better unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Owner at once of any conflicts in grades and alignments. (c) In case it is necessary to change or move the property of any Owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Owner. The right is reserved by the Owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. 22.SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work to be performed under this Contract, the Contractor shall: (a) Comply with the safety standards provisions of applicable laws, building and construction codes and the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596 and subsequent amendments), and the requirements of Title 29 of the Code of Federal Regulations, Section 1910 or 1926 as applicable. (b) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. (c) The attention of the Contractor is directed to the Requirements (including permitting and recording) of the Confined Space Entry Regulations that are under OSHA. 23.CONFINED SPACE ENTRY PROGRAM: The Contractor shall produce a written document explaining the confined space entry program to be implemented on this program. At a minimum, the submitted program shall be in compliance with all applicable OSHA requirements regulating confined space entry. s-s CONSTRUCTION NON-PAY ITEM No. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM No. 2 — PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. NON-PAY ITEM No. 3—PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre- construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Engineer. However, contract time will start even if the project schedule has not been turned in. Contract start date will be outlined in the Work Order Notice. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. NON-PAY ITEM No. 4 — CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." Project limits shall be considered areas within 6-feet of the structure(s) and any area that is required for access to the structure(s). However, no direct payment will be made for this item and it shall be considered incidental to this contract. 8-9 NON-PAY ITEM No. 5 —WINGWALL EROSION REPAIR: All areas around wingwalls and parapet walls shall be filled as needed with an earthen material, seeded, and graded to direct runoff away from the structure. No direct payment will be made for this item and it shall be considered incidental to this contract. PAY ITEM No. 1 - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of %" 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 bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM No. 2A & 2B—CLEAN PRIME AND PAINT STEEL SUPERSTRUCTURE 2.1 DESCRIPTION This Item will cover surface preparation, existing paint removal and repainting of steel superstructure of bridge and any attached utility lines. 2.2 MATERIALS All paints are required to comply with TxDOT SPEC. D-9-8100 and shall be purchased in open market. Approved materials are: *Sherwin-Williams rust penetrating Macropoxy 920 Preprime 1358T101/1358V1, *Sherwin-Williams Recoatable Epoxy Primer B67A5/B67V5 , *Sherwin-Williams Hi-Solids Polyurethane B65 300 series/1360V30 paint, and *Approved Equals 2.3 CONSTRUCTION METHODS 8- 10 Methods of surface preparation and repainting will be according to TXDOT 1993 Specifications (Item 446). 2.3.1 Cleaning. Contractor shall hand remove all loose corrosion to steel, primer and paint. Concrete columns and footings to which railings are attached, shall also be cleaned of rust stains and road oils. 2.3.2 Cleaning of Steel Structures. All steel surfaces to be treated under this contract shall first be power washed at a minimum of 3000 psi and 3-4 gpm water to remove foreign materials. Any paint placed on the surrounding concrete shall be removed immediately. Rigging and scaffolding shall be sufficient to make all of the work readily accessible for proper performance of cleaning and painting operations as well as proper inspection and measurement by the Engineer or his representative prior to and after each application of surface treatments. Contractor will be required to meet the rules and regulations for worker safety in a leaded environment. The rule and regulations include, but are not limited to the following: Contractor, at his expense, shall exercise the necessary precautions to contain refuse, dust and paint overspray generated during cleaning and painting operations. Containment shall be such that all falling material is completely contained and collected daily and stored in appropriate containers at a site approved by the Engineer. Hazardous and non-hazardous refuse will be stored separately. Disposal of collected non-hazardous refuse shall be at the Contractor's expense and in accordance with Federal, State and local rules and regulations. The Contractor is responsible for the security of refuse until disposal is completed. Materials containing leachable hazardous metals shall be disposed of as in accordance with Federal, State and local rules and regulations, at the Contractor's expense. 2.3.3 Paint Removal and Disposal. The Contractor is responsible for compliance with applicable Federal and State regulations and industry standards when performing the work of paint removal, handling and disposal, including but not limited to: a. Removal of Lead Coatings: ANSI Z88.2, 29 CFR 1910, 29 CFR 1926, 30 TAC 106, and 30 TAC 111. b. Identification and Classification of Wastes: 40 CFR 260 —262, and 30 TAC 335. C. Transportation and Disposal of Lead Materials: 8-11 40 CFR 263, 40 CFR 268, 49 CFR 171 — 173, 49 CFR 178, and 30 TAC 335. d. Nuisance: 30 TAC 101.4 e. Dry Abrasive Cleaning: 30 TAC 106.452 f. Other Sources: 30 TAC 111.111 (a) (8) The Contractor is responsible for the control of waste material generated during the Project. The Contractor shall utilize a shroud/tarp in a manner that protects the surrounding environment and collects all waste material generated at the site. The type of shroud/tarp is to be approved of in advance, prior to use. Any shroud/tarp used during the Project shall be free of holes or tears and shall be anchored to the bridge. If one or more shrouds/tarps are utilized in series the seams shall overlap. Waste material shall be removed from the shroud/tarp frequently and waste material shall be stored in DOT approved 55-gallon steel drums. Waste generated from the project shall be stabilized using Portland Cement Concrete, (Item#408, City Specs.) in order to reduce leaching from the waste. By stabilizing in waste material, the resulting material should gain a Non-Hazardous Waste classification. All waste shipment manifests must be reviewed, approved, and signed by a City representative. The disposal site is to be approved of by the City, prior to any shipments. 2.3.4 Steel Primer and Paint. One (1) coat of Sherwin-Williams rust penetrating Macroproxy 920 preprime B58T101/B58V1, or approved equal, shall be applied 2.0 mils DFT over entire steel surface. An additional coat of Sherwin-Williams Recoatable Epoxy Primer B67A5/B67V5, or approved equal, shall be applied 6.0 mils DFT to areas where bare metal is exposed. Two (2) coats of Sherwin- Williams Hi-Solids Polyurethane B65 300 series/B60V30 paint, or approved equal, shall be applied over primed surfaces at 3.0 to 4.0 mils DFT each coat. Color shall be dark green (color match Sherwin - Williams Essex Green) and subject to approval of Engineer. The complete coating system shall be supplied by the same manufacturer and applied in accordance with manufacturer's specifications. If, after the final prime coat and before the appearance coat has been applied, time has lapsed such that road film from rain or other occurrences have contaminated the primed 8- 12 surface, the entire primed surface of the structure will be pressure washed using a biodegradable detergent and flushed with clean fresh water and thoroughly dried before application of the appearance coat. The Contractor shall secure from the paint manufacturer labor form LSB-OOS-4, "Materials Safety Data Sheet' for each of the coatings to be used on this project. 2_4 MEASUREMENT Bridge Painting will be paid lump sum. 2_5 PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price bid for bridge painting as specified. This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 3A & 3B —CLEAN SEAL AND PAINT TOPS OF BENTS: Contractor shall first clean tops of all concrete bents and abutment bearing seats of debris, soot, and other foreign materials using power washing in the same manner s prescribed for steel surfaces in Pay Item 2. The horizontal surfaces shall be sealed with one (1) coat of Sherwin-Williams Macropoxy 920 preprime B58T101/B58V1, or approved equivalent, applied 1.0 to 2.0 mils DFT over entire surface. One (1) coat of Sherwin Williams A-100 Exterior Latex Satin paint, or approved equivalent, shall be applied to the horizontal surfaces and the upper six inches (6") of each bent or bearing seat. Color of such treatment shall be concrete grey. Bent and abutment bearing seat sealing and painting will be measured by lump sum. Payment will be made by unit price bid for "Clean, Seal and Paint Tops of Bents." This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 4 — FLOWABLE FILL IN VOIDS Flowable backfill shall conform to TxDOT Special Specification 4438 and shall be placed without consolidation and result in the filling of all voids. The Engineer may require flowable backfill to contain shrinkage compensator or other admixtures that improve flowability, reduce segregation or otherwise improve the suitability of the material for the specific application. All admixtures shall be proportioned in accordance with manufacturer's recommendations. Materials shall be subject to Engineer's approval. Measurement shall be cubic yards of material placed. Payment 8-13 shall be made by unit price bid for "Flowable Fill in Voids." This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 5—ACCESS HOLES FOR FLOWABLE FILL Contractor shall cut access holes of sufficient size and number to achieve filling of voids under surfaces as deemed necessary by Engineer. Measurement shall be by each access hole. Payment shall be made by unit price bid for "Access Holes for Flowable Fill." This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 6— REPAIR CONCRETE SURFACE SPALLING At locations where concrete has delaminated, spalled, or has other superficial defects, Contractor shall clean surface and apply epoxy based grout to restore and seal concrete surface. Grout material to be approved by Engineer and applied in conformance of manufacturer's recommendations. Measurement shall be square footage of area repaired. Payment shall be made by unit price bid for "Repair Concrete Surface Spalling." This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 7—TRAFFIC CONTROL Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. This traffic control plan shall be submitted for review and approval to City Traffic Engineer, Department of Transportation & Public Works, at least 10 working days prior to the pre-construction conference. Measurement shall be lump sum. Payment shall be made by unit price bid for"Traffic Control." Such price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 8—REMOVE & REPLACE SIDEWALK At all four corners of the north bound bridge the approach sidewalks shall to be removed and replaced up to the approach joints. Measurement shall be cubic yards of area repaired. Payment shall be made by unit price bid for"Remove & Replace Sidewalks." This price shall be full compensation for all materials, labor, equipment, supervision, and related services. 8-14 PAY ITEM No. 9 —REPAIR ABUTMENT Abutment face has cracked and spalled at all four corners of the north bound bridge. Contractor shall remove spalled or loose concrete and repour concrete. Doweling or rebar repair may be required by Engineer depending on condition of existing rebar once exposed. Measurement shall be cubic yards of area repaired. Payment shall be made by unit price bid for"Remove & Replace Concrete." This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 10 —SLOPE PAVMENT CRACK SEALING Open joints or cracks that allow water to penetrate slope pavement shall be sealed with a treatment to a minimum depth of 1/2 inch. Treatment material shall be subject R to Engineer's approval. Joints and cracks shall be cleaned of all joint seals, old expansion materials/devices, bituminous material, dirt, grease, and all other deleterious material. All joints and cracks must be dry, clean, and moisture free and prepared as recommended by the manufacturer. Sealant shall be mixed and placed in accordance with manufacturer's recommendations. Measurement will be made by linear feet of joints and cracks sealed. Payment will be made by the unit price bid for "Clean and Fill Cracks and Construction Joints." This price shall be full compensation for all materials, tools, labor, equipment and incidentals required to perform the work described. 8- 15 10/14/2005 14:32 FAX 9723878837 ALLIED TX 2002/002 ACORD,., CERTIFICATE OF LIABILITY INSURANCE 7 DATE CERTIFICATE 1o14/2S 5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied It America Corp. of Tx ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 12770 Colt Road, Suite 750 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75251 (972)455-1400 F:(072)387-8887 INSURERS AFFORDING COVERAGE INSURED INSURER A:Transcontinental Insurance Co Gibson b Associates, Inc. INSURERS:Valley Fore Insurance Company P. 0. Box 800579 INSURER C;Great American Insurance Co Balch Springs, Texas 75180 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH UNS OLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION TYPEOFINSURANCE POLICY NUMBER DAT MMIDDIYY DATE DNY LIMITS GENERAL LIABILITY EACH OCCURRENCE 1,0W 000 COMMERCIAL GENERAL LIABILITY GL2077878041) OW 30/05 06/30/06 FIRE DAMAGE IAny one fire300,000 CLAIMS MADE 1 OCCUR MED P An one Person) 10 000 PERSONAL&ADV INJURY 11W0.000 GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: P DCT •CO AGG 2,000,0()0 POLICY X jrQT PRO- LOC y AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT g 1 ODO,000 I B %X X ANY AUTO BUA207787BO54 06130/05 06/30/06 (En accident) Tai ALL OWNED AUTOS BODILY INJURY eM SCHEDULED AUTOS (Per pe—) S L_.X HIRED AUTOS BODILY INJURY 1 X NON-OWNED AUTOS (Per accident) S PROPERTY DAMAGE $ (Per accident) GARAGE LUU!W TY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESS LIABILITY TUU6627606 06/30/05 06/30106 EACH OCCURRENCE 10,000,000 X OCCUR CLAIMS MADE AGGREGATE 10,000,000 DEDUCTIBLE s RETENTION S S WORKERS COMPENSATION AND WC2077878068 06/30105 06/30/06 X WC STA EMPLOYERS'LIABILITY E.L.EACH ACCIDENT 1000 000 s E.L.DISEASE-EA EMP YEE X0,000 E.L DISEASE•POLICY LIMB Is 1,000,0W OTHER I DESCRIPTION OF OPERATiONSI=ATIONSNEMCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Bridge Repainting h Concrete Repair, Riverside Dr NB & SB 2005-22 If required by written contract signed by Named Insured. Certificate I " Holder Is named Additional Insured as Primary Basis for coverages - iaeept Workers' Compensation and provided Waiver of Subrogation for all coverages. A CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _JO_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Fort Worth - Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR ©f,-Transportation & Public Works REPRESENTATIVES. 1600 Throckmorton AUTHORIZED REPRESENTATIVE Fart Worth Texas 76102 ACORD 25-S(7/97) QACORD CORPORATION 1988 �K ;1 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that t it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Bridge Repainting and Concrete Repair on Riverside Drive Northbound and Southbound (2005-22) and City of Fort Worth Project No,, GS93-020930260700. CONTRACTOR: ✓ � _ "`- C!MQS—.%*- Assocamus, 1e3c By; LQJ, 17T Name: Vh%.LSAM V. Glasorl Title: Vzg- Pac::oey.n Date: �LOS STATE OF TEXAS § § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared W4LA AAM J. 3SotA 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 E azz&a t w ASseaaact.lec- for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of U , 2006. ry F9i nd for the State of U RAMONA JOLLEYTexas NOTARY PUBLIC STATE OF TEXAS My Comm.Expires 02-17-2008 Bond No. 8203-47-13 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Gibson & Associates, Inc. , as Principal herein, and (2) Federal Insurance Gompang a corporation organized and existing under the laws of the State of(3) Indiana , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount Two Hundred Forty Four Thousand, Seven Hundred Forty Dollars and No Cents Dollars ( $244,740.00 ) 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 Obligee dated the 4th day of October , 2005, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: BRIDGE REPAINTING AND CONCRETE REPAIR ON RIVERSIDE DRIVE NORTHBOUND AND SOUTHBOUND (2005-22) Project No. GS93- 020930260700. 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 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 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 4th day of October , 2005. AssseswTFf y Tjc_ PRINCIPAL ATTEST: By: Name: �,/:���..►_'T G.�saJ 1 cretary sy Title: Vrfc PtREslog,#-T (S E A L) Address: uxiay rLTc ca,r!t P.o. Sox 800071 Witness as to Principal Wit&WeLcN Federal Insurance Company SURETY ATTEST: By: �J Name: Robbi Morales Se retary Attorney in Fact (S E A L) Address: 2711 N. Haskell Ave. , Suite 800 Dallas, TX 75204 Witness as to Suret Telephone Number: 214/989-0000 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. The date of bond shall not be prior to date of Contract. Bond No. 8203-47-13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Gibson & Associates, Inc. , as Principal herein, and (2) Federal Insurance Company , a corporation organized under the laws of the State of(3) Indiana 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 Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Two Hundred Forty Four Thousand, Seven Hundred Forty Dollars and No Cents Dollars ( $244,740.00 ) 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 4t' day of October_, 2005, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of BRIDGE REPAINTING AND CONCRETE REPAIR ON RIVERSIDE DRIVE NORTHBOUND AND SOUTHBOUND (2005-22) Proiect No. GS93-020930260700. NOW, THEREFORE, the condition of this obligation is such, if the said Principal 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 4t' day of October , 2005 PRINCIPAL ATTEST: By: L✓ �./i�t.�-..� z4&Z=4=-� Name: �s{,VZAM J <2Bdow� (Paacipal) Se retary sf Title: v/TcE ?AEs4Dghn (S EA L) Address: uxto PmitCR.E11 (�e. eox Q%0rT2 �J 1 Witness as to Principal NscK wcLcN Federal Insurance Company SURETY ATT ST: By:, c Name: Robbi Morales Sec taryAttorney in Fact (S E A L) Address: 2711 N. Haskell Ave. . Suite 800 Dallas, TX 75204 Witness as to Surety Telephone Number: 214/989-0000 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. The date of bond shall not be prior to date of Contract. MAINTENANCE BOND Bond No. 8203-47-13 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS.- That RESENTS:That Gibson & Associates, Inc. ("Contractor"), as principal, and, Federal Insurance Company a corporation organized under the laws of the State of Indiana ("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 Two Hundred Forty Four Thousand, Seven Hundred Forty Dollars and No Cents Dollars ( $244,740.00 ), 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. 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 0 of October , 20 05, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: BRIDGE REPAINTING AND CONCRETE REPAIR ON RIVERSIDE DRIVE NORTHBOUND AND SOUTHBOUND (2005-22) the same being referred to herein and in said contract as the Work and being designated as project number(s) GS93- 020930260700 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 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. 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 deemed an original, this 4t' day of October , A.D. 2005. ., PRINCIPAL ATTEST: By: Name: 1AAc,(.:AA.. �xesorJ ( Secretary - ss Title: kxcf ?"rrer,.Jr (S E A L) Address: tate RYC7sc2EsT P'0'- &.Vyoo S"f9 gA�CM SPR=w1GS TX �S'�Fse Witness as to Principal �n A wcLcta Federal Insurance Company SURETY ATTST: By: (.�( Name: Robbi Morales Secretary Attorney in Fact (S E A L) Address: 2711 N. Haskell Ave. , Suite 800 -r Dallas, TX 75204 Witness as to Surety Telephone Number. 214/989-0000 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. The date of bond shall not be prior to date of Contract. Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road to�,as Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Lisa M. Bonnot, Don E. Cornell, Anuj Jain, Chris J. Kutter, Robbi Morales, Luke J. Nolan, Jr. , Jerry P. Rose and Sheila M. Young of Dallas, Texas----------------------------------------------- each as their true and lawful Atiorney-In-Fact to execute under such designation in their names and to affix their corporate seats to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds) given or executed In the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 13th day of August, 2003 X� �1� O Kenneth C.Wendel,Assistant Secretary Fran E.Robe r resident STATE OF NEW JERSEY County of Somerset ss. On this 13th day of August, 2003 ,before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Kenneth C.Wendel,being by me duty sworn,did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof.that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By-Laws'of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he Is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies;and that the signature of Frank E. Robertson,subscribed to said Power of Attorney Is In the genulne handwriting of Frank E.Robertson,and was thereto subscribed by authority of said By-Laws and In deponent's presence. Notarial Seal Y'RUMJANA KRUMPFER �P .cam Notary Public,Stote of New Jersey �Q IOTA R y 9 No.2297116 Commission Expires Februory 25,2008 PUBLIC JE S CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "Ali powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vis President,Jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairmen, President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seat of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the CornAny and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (9 the foregoing extract of the Tay-Laws of the Companies Is true and correct, (IQ the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Departrnent; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands,and Federal Is licensed In American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (111) the foregoing Power of Attorney Is true,correct and in full force and effect Given under my hand and seats of said Companies at Warren,NJ this 4th day of October, 2005 � oo 5 Kenneth C.Wendel,Assistant secretary IN THE EVENT YOU WiSH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908) 903-3497 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10.0225A (Ed.10-02) CONSENT a > m This Notice pertains to the following 8arety Bond Issued by's member Insurer of the Chubb Group of Insurance Companies,Including Federal Insurance Company,Vigilant Insurance Company and Pacific Indemnity Company. Bond Number: 8203-47-13 POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act")effective November 26,2002, we are tnakint available to you coverage for losses arising out of certain acts of international mterrorism. Terrorism is defined as any act certified by the.Secretary of the Twasuiy, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States In the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest,as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any losses caused by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United States under the formula set forth in the Act. Under this formula,the United States of America pays 90% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage.The portion of your premium that is attributable to coverage for such acts of terrorism is zero, because we could not distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice,please contact your agent or broker, ot�u®® 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 4* day of October , 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 Gibson S Associates, Inc. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: BRIDGE REPAINTING & CONCRETE REPAIR RIVERSIDE DRIVE NORTHBOUND & SOUTHBOUND 2005-22 Designated as project number, GS93-020930260700 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 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. JAI 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Transportation and Public Works Department of the City of Fort Worth. s 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Department of the City of Fort Worth and the City _ Council of the City of Fort Worth within a period of 80 (Eighty) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$ 210.00 per working day, not as a penalty but as liquidated damages, the z Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to cavy on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants = and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and - services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the ne_gli_gence or alleged ne_gli_gence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the C-2 terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. ` In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Govemment Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 900 percent (900%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. y 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be TWO HUNDRED FORTY FOUR THOUSAND, SEVEN HUNDRED FORTY DOLLARS AND NO CENTS $244,740.00 C-3 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the fife of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six 6 counterparts with its corporate seal attached. C-4 Done in Fort Worth, Texas, this the 4�' day of October ' 2006 . qAisTA F FOR RTH T MANAGER APPROVED: 4. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS Cweso.% Ass cm c. ATTEST: (Contractor) CITY SECRETAAY (SEAL) BY: Contract Au horizatiou (Repr entative) > (� Date V9Lc TRESZoe0'r _ (TITLE) Wako RYLTC Ces L 9.0. Box %nor-m APPROVED AS TO FORM & (Address) LEGALIW. (City/State/Zip) SSIST TY ATTORNEY November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Revised April 1999 -" Revised June 1999 .: Revised June 2001 _ r C-6 ply APPENDIX A: PROJECT LOCATION MAP Riverside Dr NB & SB. over West Fork Trinity River 1900 Block of Riverside Dr. MAPSCO 77D Project Location ' i 4�. "j --� 6 1 �. A-1