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Contract 26774
TNP# TCM99247 ��?t CITY SECRETARY -----CormuCroR CONTRACT NQ, CMAClonsou Co. SPECIFICATIONS = Clorr sFCRUW AND ------01rolw ile m. # ....�..VOW-Ru COPY CONTRACT DOCUMENTS040----• FOR WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. C115-020115028216 2000 KENNETH L. BARR BOB TERREL MAYOR CITY MANAGER HUGO A. MALANGA,P.E., DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E.,DIRECTOR DEPARTMENT OF ENGINEERING ,.... ... 1 .. avC. ';• GRECa D•SAVNpE4� TEAGUE NALL AND PERKINS :; ;o`�.'• ••70p5a�o ENGINEERS ♦ SURVEYORS iy�0•., '9FG�g��P•.•' .o '•• •' _ MUNICIPAL CONSULTANTS � cSS;ON.......• L� 1100 Macon Street Fort Worth, Texas 76102 (817) 336-5773 ft 94 City of Fort Worth, Texas mayor and Council communication .r DATE REFERENCE NUMBER LOG NAME PAGE 5/1/01 **C-18574 20WOODSIDE 1 of 1 SUBJECT AWARD OF CONTRACT TO M. A. VINSON CONSTRUCTION COMPANY, INC. FOR �+ WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with M. A. Vinson Construction Company, Inc. in the amount of$64,722.00 for 60 working days for Woodside Hill Court drainage improvements. DISCUSSION: The 1998 Capital Improvement Program includes funds for small drainage projects. The Woodside Hill Court drainage improvements project was begun as a project of Tarrant County Municipal District No. 1 prior to the annexation of Lake Country Estates. A commitment was made to the residents that this -• project would be completed by the City of Fort Worth after annexation. The project extends a 24-inch storm drain from Lake Country Boulevard 500 feet to a major drainage channel. ,., The project is located in COUNCIL DISTRICT 7. This project was advertised for bid on February 1 and 8, 2001. On March 1, 2001, the following bids were received: BIDDERS AMOUNT M. A. Vinson Construction Company, Inc. $ 64,722.00 •. SRO General Contracting, Inc. $ 69,500.00 Kamont Construction, Inc. $112,210.90 The low bidder, M. A. Vinson Construction Company, Inc. is in compliance with the City's M/WBE Ordinance by committing to 19% M/WBE participation. The City's goal on this project is 16%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MGA Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 Originating Department Head: .. Hugo Malanga 7801 (from) APPROVED 511101 C115 541200 020115028916 $64,722.00 Additional Information Contact: Hugo Malanga 7801 City of Fort Worth Department of Transportation and Public Works Department of Engineering Addendum No. 1 To The Specifications And Contract Documents for WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS T/PW Project No. C115-020115028216 Bid Receipt Date: March 1, 2001 Addendum Issue Date: February 8, 2001 The following information shall constitute Addendum No. 1 to the Contract Documents as identified above. This Addendum must be properly acknowledged by the Bidder by signing in the space provided in the proposal submitted for bid opening. Failure to indicate receipt of this Addendum shall be grounds for rendering the bid non-responsive. This Addendum is fart of the Contract Documents and will be bound into the executed contracts. The ollowing information shall supersede any and all conflicting written or verbal information previously provided: I. Plans: The Plans are revised as shown on the attached sheet to reflect an existing underground primary electric line crossing the proposed storm drain alignment at approx. Sta. f 95 (between Lots 35 & 36). The Contractor shall expose this and other utility crossings prior to beginning construction to determine if there are any vertical alignment conflicts with the proposed storm drain improvements. If conflicts are discovered, the Contractor shall notify the Engineer immediately for direction on possible alignment or grade adjustments for the proposed improvements to avoid a conflict. Coordination regarding existing electrical facilities should be made through Mr. Robert Martinez at TX0 (817) 215-6688. Please acknowledge receipt of Addendum No. 1 by signing in the appropriate space on the proposal form and-by placing a signed copy of Addendum No. 1 into your proposal at the time of bidding. RECEIPT ACKNOWLEDGED: ' l 1 LEGEND �l �T EXISTING TELEP- f 0 IS EXISTING SPRINV i�3T 36 TIL. E5�1�' LOT _55 v t`\ --EXISTING Wooc 1r -i EXISTING ELEC r- CP-1(1 f2-CIRS) 5' r \ pgE° } L J TRANSFORMER -. N 7480.2792 ' e E 4772.4287 I ao� ELEV=94.36 I F1 pvMP / TARN. STA. 2+52-00 T SQUARE INSTALL 24' DIA. IN— NHOLE T �h0.0 RE�p�N� -� W/ CAST IRON GRA 7c NN 74433854 1� ;i Z E 4834.3175 -A-11 DELyC — __ �T: ----- -- ----------------y uGT tJGT — — — — — L=10993* TRANSFORMERV-.0 x-.`6.406.28 SD P1490 I ROUTE PIPE CLEAR ^5Z?0'00' RT. I t � OF TRANSFORMER 47 37Y a JIM ` UT}UTY NOTE ?4' RCP CONTRACTOR SHALL EXPOSE I I y 24" RCP PRIMARY ELECTRIC CABLE TOTHE UTILITIES SHOWN ON THE PLANS WERE COMPILED DETERMINE ANY V�tTICgL l FROM VARIOUS SOURCES AND ARE INTENDED TO SHOW I THE GENERAL EXISTENCE AND LOCATION OF UTILITIES CONFLICT PRIOR TO CONSTRUCTION IN THE AREA OF CONSTRUCTION, THE ENGINEER f0' ASSUMES NO RESPONSIBILITY FOR THE ACCURACY E T OF THE UTILITY INFORMATION SHOWN ON THE PLANS. LOI 22 nL THE CONTRACTOR SHALL VERIFY THE EXACT LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL CONTACT UTILITY COMPANIES I y 48 HOURS IN ADVANCE OF ANY CONSTRUCTION } I ACTIVITIES IN ORDER TO DETERMINE IF THERE IS ANY CONFLICT WITH THE PROPOSED FACILITIES. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY WHEN CONFLICTS WITH EXISTING UTILITIES ARE ` DISCOVERED. I I r a ._t — -� _._._�...._....z._.__w...._.___._..y.. -_ L .1 _ _. _— - -lam.. _. _._ _ - •-_ -- _ City of Fort Worth Department of Transportation and Public Works Department of Engineering Addendum No. 2 - To The Specifications And Contract Documents for WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS - T/PW Project No. C115-020115028216 Bid Receipt Date: March 1, 2001 - Addendum Issue Date: February 26, 2001 - The following information shall constitute Addendum No. 2 to the Contract Documents as identified above. This Addendum must be properly acknowledged by the Bidder by signin in the space provided in the proposal submitted for bid opening. Failure to indicate receipt of this Addendum shall be grounds for rendering the bid non-responsive. This Addendum is fart of the Contract Documents and will be bound into the executed contracts. The ollowing information shall supersede any and all conflicting written or verbal information previously provided: I. Plans: Add the following note to the General Notes on the plans: 4. The Contractor shall establish a finished grade along the drainage easement and completed drainage system that allows for positive drainage across each lot and to area drains. Area drains shall be set at an elevation which creates a shallow sump (approx. 6-12 inches) at the drain and that allows for positive drainage from the surrounding lots. - II. General: Attached for informational purposes only are copies of the Temporary Right-of-Entry Agreements from property owners along the project and a copy of the new easement across Lot 32, Block 20 7501 Woodside Hill Court). No right-of-entry was obtained from the owner of Lot 19, Block 14 (8716 Canyon Crest Road). Please acknowledge receipt of Addendum No. 2 by signing in the appropriate space on the Proposal form andbyplacing a signed copy of Addendum No. 2 into your proposal at the time of bidding. RECEIPT ACKNOWLEDGED: WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS TPW # C115-020115028216 7505 WOODSIDE HILL CT LAKE COUNTRY ESTATES ADDITION BLK 20 LOT 33 TEMPORARY RIGHT-OF-ENTRY AGREEMENT WILLIAM L. & KATHY A. ASTON, Owner, herewith grants permission to the City of Fort Worth and its independent contractor to enter upon the Owner's property located at BLK - 20 LOT 33 also described as 7505 WOODSIDE HILL CT for the purpose of reconstructing apportion of the driveway to accommodate improvements to the roadway. Any entry and use of the premises by the City of Fort Worth or its independent contractor under the Right-of-Entry Agreement shall be permissive and shall not constitute a trespass to the property by the-City or its independent contractor. The City of Fort Worth further agrees to restore the premises to the same condition that existed prior to entry. If restoration is required, the work shall be performed in a timely manner, weather permitting. This agreement is executed this `L 4 day of _06CCM136k ZOoD , by WILLIAM L. & KATHY A. ASTON, Owner. OWNE :. , WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS TPW# C115-020115028216 7509 WOODSIDE HILL LAKE COUNTRY ESTATES ADDITION BLK 20 LOT 34 TEMPORARY RIGHT-OF-ENTRY AGREEMENT JOE C. & DONNA C. SOLLEY, Owner, herewith grants permission to the City of Fort Worth and its independent contractor to eater upon the Owner's property located at BLK 20 LOT 34 also described as 7509 WOODSIDE HILL for the purpose of reconstructing apportion of the driveway to accommodate improvements to the roadway. Any entry and use of the premises by the City of Fort Worth or its independent contractor under the Right-of-Entry Agreement shall be permissive and shall not constitute a trespass to the property by the City or its independent contractor. The City of Fort Worth further agrees to restore the premises to the same condition that existed prior to entry. If restoration is required, the work shall be performed in a timely manner, weather permitting. This agreement is executed this , day of ^_ , . 000 , by JOE C. & DONNA C. SOLLEY, Owner. OWNER) WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS TPW # C115-020115028216 7513 WOODSIDE HILL LAKE COUNTRY ESTATES ADDITION BLK 20 LOT 35 TEMPORARY RIGHT-OF-ENTRY AGREEMENT JACK J. DILL, Owner, herewith grants permission to the City of Fort Worth and its independent contractor to enter upon the Owner's property located at BLK 20 LOT 35 also described as 7513 WOODSIDE HILL for the purpose of reconstructing apportion of the driveway to accommodate improvements to the roadway. Any entry and use of the premises by the City of Fort Worth or its independent contractor under the Right-of-Entry Agreement shall be permissive and shall not constitute a trespass to the property by the City or its independent contractor. The City of Fort Worth further agrees to restore the premises to the same condition that existed prior to entry. If restoration is required, the work shall be performed in a timely manner, weather permitting. This agreement is executed this Z/ day of el--O 14-1 by JACK J. DILL, Owner. R: rtd-eb-&U1 nUN U8: 18 AM TRANSPORTATION PUBLIC WK FAX NO, 8178718092 P. 01 62/23/2001 15:14 8172361541 PARTSFIKDERS PAGE 01 WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS TPW 0 C115-00115028216 8716 LAKE COUNTRY DR LAKE COUNTRY ESTATES ADDITION RLK 20 LOT 36 TEMPORARY RIGHT-OF-ENTRY AGREEMENT RONALD J. & LINDA D. RHODES, Owner herewith grants permission to the City of Fort Worth and its independent coutractor, to ewer upon the Owner's propcsty located at Lot 36, Block 10 also described as 8716 LAKE COUNTRY DRIVE for the purpose of reconstrue tg apportion of the driveway to accommodate hWoyca=s to the roadway. Any entry and use of the pmmises by the City of Fort Worth or its independent contractor under the Right-of-Entry agreement shall be permissive and shall trot eonstittmc a tr0spass to the property by the City or its independent contractor. The City of Fort Worth Bother agrees to restore the premises to the sante condition that emoted prior to entry. If restoration is required, the work shall be performed in a timely matmer,weather pCrmitting. This agreement is executed this j256 day of 2001,by RONALD J. &LINDA D.RHODES. O (S): post-iv Fax Note 7671 nate 2 b' pagges► To e• �9 S From!' i �-IA c,-IVS Co/Dept. ^rM i p 1 CO. Phonek Pf•122/_�20 i� Phonek F1xk VI !✓UJ Fax# A WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS TPW# C115-020115028216 87.12 CANYON CREST ROAD LAKE COUNTRY ESTATES ADDITION BLK 14 LOT 18 TEMPORARY RIGHT-OF-ENTRY AGREEMENT LESLEY & LINDA HUDSON, Owner, herewith grants permission to the City of Fort Worth and its independent contractor to enter upon the Owner's property located at BLK 14 LOT 18 also described as 8712 CANYON CREST ROAD for the purpose of reconstructing apportion of the driveway to accommodate improvements to the roadway. Any entry and use of the premises by the City of Fort Worth or its independent contractor under the Right-of-Entry Agreement shall be permissive and shall not constitute a trespass to the property by the City or its independent contractor. _. The City of Fort Worth further agrees to restore the premises to the same condition that existed prior to entry. If restoration is required, the work shall be performed in a timely manner, weather permitting. This agreement is executed this day of , by LESLEY & LINDA HUDSON, Owner. P. OWNER: WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS TPW # C115-020115028216 8720 CANYON CREST ROAD LAKE COUNTRY ESTATES ADDITION BLK 14 LOT 20 - TEMPORARY RIGHT-OF-ENTRY AGREEMENT HAROLD N. REICHELT, Owner, herewith grants permission to the City of Fort Worth and its independent contractor to enter upon the Owner's property located at BLK 14 LOT 20 also described as 8720 CANYON CREEST ROAD for the purpose of reconstructing apportion of the driveway to accommodate improvements to the roadway. Any entry and use of the premises by the City of Fort Worth or its independent contractor under the Right-of-Entry Agreement shall be permissive and shall not constitute a trespass to the property by the City or its independent contractor. The City of Fort Worth further agrees to restore the premises to the same condition that existed prior to entry. If restoration is required, the work shall be performed in a timely manner, weather permitting. This agreement is executed thisday .a�' , by HAROLD N. REICHELT, Owner. OW ER: WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS TPW # C115-020115028216 8724 CANYON CREST ROAD LAKE COUNTRY ESTATES ADDITION BLK 14 LOT 21 TEMPORARY RIGHT-OF-ENTRY AGREEMENT JACK & VERA WELDON, Owner, herewith grants permission to the City of Fort Worth and its independent contractor to enter upon the Owner's property located at BLK 14 LOT 21 also described as 8724 CANYON CREST ROAD for the purpose of reconstructing apportion of the driveway to accommodate improvements to the roadway. Any entry and use of the premises by the City of Fort Worth or its independent - contractor under the Right-of-Entry Agreement shall be permissive and shall not constitute a trespass to the property by the City or its independent contractor. The City of Fort Worth further agrees to restore the premises to the same condition that existed prior to entry. If restoration is required, the work shall be performed in a timely manner, weather permitting. This agreement is executed this 3/qday of by JACK & VERA WELDON, Owner. t OWNER: WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS TPW# C115-020115028216 8712 LAKE COUNTRY LAKE COUNTRY ESTATES ADDITION BLK 14 LOT 22 TEMPORARY RIGHT-OF-ENTRY AGREEMENT RICHARD MONSCHKE, Owner, herewith grants permission to the City of Fort Worth and its independent contractor to enter upon the Owner's property located at BLK 14 LOT 22 also described as 8712 LAKE COUNTRY for the purpose of reconstructing apportion of the driveway to accommodate improvements to the roadway. Any entry and use of the premises by the City of Fort Worth or its independent contractor under the Right-of-Entry Agreement shall be permissive and shall not - constitute a trespass to the property by the City or its independent contractor. The City of Fort Worth further agrees to restore the premises to the same condition that existed prior to entry. If restoration is required, the work shall be performed in a timely manner, weather permitting. This agreement is executed this day of C ?G , i a � , by RICHARD MONSCHKE, Owner. r OWNER: ale THE STATE OF TEXAS § COUNTY OF TARRANT § PERMANENT DRAINAGE AND UTILITY EASEMENT THAT WE, DON A. WILSON and wile, RHONDA G. WILSON, hereinafter referred to as "Grantor", for and in consideration of 011e Dollar ($1.00) and other valuable consideration paid to Grantor by the City of Port Worth, a municipal corporation of Tarrant County, Texas, the receipt of which is hereby acknowledged, do grant, bargain, and convey to said City of Port Worth, its successors and assigns, the use and passage in, over, across, below and along the following parcel or tract of land situated in Tarrant County,Texas, in accordance with the plat hereto attached: SEE ATTACHED EXI-ImT `A' 1t is further agreed and understood that the City of Fort Worth will be permitted t11e use of the above described strip of land for the purpose of the construction and maintenance of public utilities. TO HAVE AND TO HOLD the above described premises, together with, all and singular, the rights and appurtenances thereto in anywise belonging, unto said City of Port Worth, its successors and assigns, forever. And we do hereby bind ourselves, our heirs, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City of Port Worth, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is intended b these presents to convey a right-of-way to the said City of Fort Worth to maintain, construct and repair the above described 1111prove111ents, with the usual rights of ingress and egress in the necessary use of such right-of=way, in and along said premises. WITNESS our hand(s) this, the ,2 7 day of at 4-, A.D. 200(. 1 DON A. WILSONh rn(/ 6m 10-IONDA G. WILSON ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF T ARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared 0 n n A - i,) Js Is o n h,hnnd" w :lsort known to me (or proved to me on the oath of -r-.A Q.L. , a credible witness), to be the person(s) whose na ne(s) is(are) subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein cxpres'sed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2 -7— day of All 20 c. Special Notes: This docunicut will be filed at the courthouse. �PaV H`'a� DIANE A. ROBERSON * * Notary Public g STATE OF TEXAS s�of My Comm.Exp.03/29/2004 14 Notary Public, State of Texas My Commission expires on the 2 day of r G}, ,20 . 1 EXHIBIT A 15 Ft. Wide Drainage and Utility Easement Being a portion of Lot 32 in Block 20 of Lake Country Estates, as it appears upon the map recorded in Volume 388-76, Page 33 of the Tarrant Count Plat Records; being 15 feet wide and lying along the south line of said Lot 32 as shown on Exhibit B attached herewith. l b M F 0 50 100 150 Feet Q®� NOTES: 7. Integral parts of this survey. a. Sketch !II b. Description LOT 34 LOT 33 LOT 32 BLOCK 20 15 Ff. Ard,Droin ge & Utility Easement r` 1,003 Sq. Ff. �t al LOT 20 MAP SHOWING 15 FT. WIDE DRAINAGE AND UTILITY EASEMENT LOT 19 s=A`ter on Lot 32 in Block 20 of LAKE COUNTRY ESTATES BLOCK 1415 ft from and parallel to it's south line as o Shown by Plat recorded in Vol. 388-76, Pg. 33 Plat Records of Tarrant County, Texas h ` TEAGUE NALL AND PERKINSTarrant County, Texas ENGINEERS ♦ SURVEYORS LOT 18 Prepared November 2000. 1700 Me con Streat Fort Worth, Texas 76102 (817) 336-5773 \PROD-Rl4VCV99247\5'JRVEY\ESmT.DnG TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Prevailing Wage Rates 4. Proposal 5. Vendor Compliance 6. Disadvantaged Business Enterprise 7. Special Provisions 8. Contractor Compliance with Worker's Compensation Law 9. Certificate of Insurance 10. Performance Bond 11. Payment Bond 12. Maintenance Bond 13. Contract 14. Project Designation.Sign 15. Details .. 16. Location Map .a ` Notice to Bidders Sealed Proposals for the following: WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS ,ft T/PW Project No.: C115-020115028216 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., Thursday, March 1, 2001, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. A twenty dollar ($20.00) deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00). These documents contain additional information for prospective bidders. s A pre-bid conference will not be held. For additional information concerning this project, please contact Steven E. Eubanks, P.E., Drainage Engineer, at the City of Fort Worth, 817 /871-7857. Department of Transportation and Public Works Hugo A. Malanga, P.E., Director Advertising Dates: February 1, 2001 February 8, 2001 .. 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 five (5%) of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract document within the(10)days after the contract has been awarded. To be an acceptable surety on the bond, (1)the name of the surety shall be included on the current U.S. Treasury, or(2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list of one-tenth (1/10) the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidderentering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Statutes of Texas, as amended. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties(Circular 870), or(2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the .� bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10)of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in Aft the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. SI-1 r +r .r If the contract is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in �• accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. *� 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, Paragraph 8.6, of the AGeneral Provisions@ of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late +� completion of projects. 4. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 6. WAGE RATES: All bidders will be required to comply with provision 5159a of AVernons Annotated Civil Statutes@ of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury - $250,000 each person, $500,000 each occurrence; Property Damage - $300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. NONRESIDENT BIDDERS: Pursuant to Article 601g. Texas Revised Civil Statutes, .. the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident=s bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident=s principal place of business is located. ,r SI-2 rr i ANonresident 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 or business in this state. ATexas resident bidder@ means a bidder whose principal place of business .� is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in •r order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. " 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of Fort Worth Ordinance No. 13471, as amended by City Ordinance No. 13781, 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 M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or GOOD FAITH EFFORT FORM (ADocumentation@) as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City business days after bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non- • responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or 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 „' being determined to be irresponsible and barred from participating in the City work for a period of time of not less than three (3) years. • 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all ,M irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM SI-3 r .r and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine(49)days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT: The Contractor will receive full payment (minus 5% retain age) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at(817)871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. 14. CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW: A. Workers' Compensation Insurance Coverage Aft 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's employees providing services on a project, for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in '406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, AM 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 Aft vendors, office supply deliveries, and delivery of portable toilets. „m SI-4 b. The contractor shall provide coverage, based on proper reporting of -� classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on • the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental • entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. A* e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage "M 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 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas 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: .r .. SI-5 .. AM (1) 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 of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided .. for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; MM (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. (j) By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all Am 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-insured, with the ,m SI-6 am am 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 governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at lease 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. "r 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 r. provided the required coverage, or to report an employer's failure to provide coverage." 15. NON DISCRIMINATION: The Contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with �. the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in .. employment practices. 16. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, ,., advancement or discharge of employees in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age ,� SI-7 except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory ,. requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and .. hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor=s and/or its subcontractors= alleged failure to comply with the above referenced Policy concerning age •• discrimination in the performance of this agreement. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA") Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA=s provisions and any other federal, state and local laws concerning disability and will defend, indemnify and hold City harmless !� against any claims or allegations asserted third parties or subcontractors= alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 .. ift Am SI-8 F� CITY OF FORT 'WORTH HIGHWAY CONTRUCTION PREVAILING'WAGE RATE FOR 1999 CLASSIFACTION HOURLY RATE PAVEMENT IvLAR1CI21%TG MACHINE 7.32 ROLLER, STEEL WHEEL PLANT—N X PAVEMENTS 9.06 I ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAhiPILIG 8.59 ROLLER, PNrEUtiiATIC, SELF—PROPELLED SCRAPER 8.4S SCRAPER 9.63 TRACTOR-CRAWLER TYPE 10.55 TRACTOR—PNEUtiiATIC 9.15 TRAVELING MIXER 8.83 WAGON-DRILL, BORING MACHINE 12.00 1 REINTFORM4G STEEL SETTER PAVII IG 13.21 REL\.rFORCLNG STEEL SETTER STRUCTURES 13.31 M STEEL WORKER—STRUCTURAL 14.x0 SPREADER BOX OPERATOR 10.00 WORK ZONE BARRICADE 7.32 TRUCK DRIVER—SINGLE AXLE LIGHT 8.965 Am TRUCK DRIVER—SINGLE AXLE HEAVY 9.02 TRUCK DRIVER—TANrDEM AXLE SEMI TRAILER 8.77 TRUCK DRIVER—LOWYBOY/FLOAT 10.44 sm TRUCK DRIVER—TRANSIT MIX 9.47 TRUCK DRIVER—WINCH 9.00 VIBRATOR OPERATOR—HAND TYPE 7.32 WELDER 11.57 2 CITY OF FORT WORTI-I { HIGHWAY CONTRUCTION PREVAILING NAGE RATE FOR 1999 -. CLASSIFACTI01' HOURLY R-ATE AIR TOOL OPERATOR S9.00 ASPHALT RAFTER 9.55 ASPHALT SHOVELER 6.80 BATCHING PLANT WEIGHER 11.51 CARPENTER 10.30 COtiTCRETE FINISHER-PAVING 10.50 CONCRETE FL\TISHER-STRUCTURES 9.83 CONCRETE RUBBER 8.84 ELECTRICLAN 15.37 FLAGGER 7.55 FORM BUILDER-STRUCTURES 9.83 FORM LINER-PAVING & CURB 9.00 FORM SETTER-PAVING & CURB 9.24 FORM SETTER-STRUCTURES 9.09 - LABORER-COMMON 7.32 LABORER-UTILITY S.94 MECHANIC 12.63 OILER 10.17 SERVICER 9.41 PAINrMR-STRUCTURES 11.00 PIPE LAYER 8.93 BLASTER 11.50 ASPHALT DISTRIBUTOR OPERATOR 10.29 ASHPALT PAVING MACHINE 10.30 BROOM OR SWEEPER OPERATOR 8.72 BULLDOZER 10.74 CONCRETE CURING MACRD\rE 9.25 a• CONCRETE FINISHING MACHINE 11.13 CONCRETE PAVING JOINT MACHINE 10.42 CONCRETE PAVING JOINT SEALER 9.00 CONCRETE PAVING SAW 10.39 CONCRETE PAVING SPREADER 10.50 SLLPFOR.M MACHINE OPERATOR 9.92 CRANE,CLAMSHELL.BACKHOE, DERRICK, DRAGLINE, SHOVEL 11.04 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.00 FOU`I)ATION DRILL OPERATOR TRUCK MOUNTED 11.83 FRONG END LOADER 9.96 MILLING N'LACHINE OPERATOR 8.62 MU`ER 10.30 MOTOR GRADER OPERATOR FINE GRADE 11.97 MOTOR GRADE OPERATOR 10.96 l PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth, Texas WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS Pursuant to the foregoing "Notice to Bidders", the undersigned bidder has thoroughly examined the Contract Documents, including Plans, Special Contract Documents, and General Specifications for Water Department Projects,and the site of the project, understands the amount of work to be done, and hereby proposes to do all the work, furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Engineering Department Director of the City of Fort Worth, Texas. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish an approved Performance bond, Payment Bond, Maintenance Bond approved by the City of Fort Worth for the performing and completing of said work within the time stated and for the following sums, to wit: Item Spec. Estim. Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Price in Words Price Bid 1. 2.12.3 14 LF 24" Class III Reinforced Concrete 6.7.4 Pipe Complete in place for the sum of -&We 1IMNAW Dollars and /'`v Cents $1T -40 Per Linear Foot 2. 2.12.24 464 LF 24" Diameter Smooth Interior 6.7.4 Corrugated Polyethylene Drainage Pipe (HDPE) complete in place for the sum of Dollars $ � and NO Cents Per Linear Foot Proposal - 1 Item Spec. Estim. Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Price in Words Price Bid 3. ? 2.12.24 3 EA 24" Diameter Inline Drain w/Cast Iron 6.7.4 Grate and 12"Adapter, complete in place for the sum of iftjQp??E/jc7= Dollars CV and ,/� Cents $ i $3 Per Each 4. 3.1 160 SF Concrete Flume Removal and 2.2 Replacement, including sawcut, -� 8.3 complete in place for the sum of Sg1/�l� Dollars and fF7, , Cents Per Square Foot 5. 2.2 1 EA Standard 4' Square Storm Drain 6.7 Manhole, complete in place for the 7.4 sum of 7.6 fi✓L /dxaftw Dollars and Cents $ 5 WPM Per Each 6. 2.2 1 EA Concrete Apron/Sloping Headwall for 6.7.4 24" Diameter(HDPE) Pipe, complete in place for the sum of 4o, 61G rX/M VDoIIars 11 and /jo Cents $ $ h Per Each Proposal - 2 Item Spec. Estim. Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Price in Words Price Bid 7. 2.1.6 647 SF 18"Grouted Rock Riprap Apron, 8.15 complete in place for the sum of /L{L/i Dollars m and /—/c> Cents Per Square Foot 8. 3.5 30 CY Unclassified Channel Excavation, for the sum of J Z-1 c, Dollars and / Cents �Z(? Per Cubic Yard 9. SP 1 LS Yard, Landscape & Irrigation Repair and Restoration, complete in place for the sum of &Ab Dollars � and Cents $ Per Lump Sum 10. SP 478 LF Trench Safety for Drainage Pipe Installation for the sum of Dollars and /V 17 Cents $ 2' $ 956 Per Linear Foot Proposal - 3 Item Spec. Estim. Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Price in Words Price Bid 11. SP 1 LS Erosion Protection, complete in place for the sum of H- U'VDe&�V Dollars and �! Cents $L $oC� Per Lump Sum 12. SP 1 LS General Utility Adjustment, for the sum of Five Thousand Dollars and No Cents $ 5,000.00 $5,000.00 Per Lump Sum 13. SP 2 EA Project Designation Signs, for the sum of Two Hundred Dollars and No Cents $ 200.00 $ 400.00 Per Each TOTAL AMOUNT BID � I� Proposal -4 Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents,for the faithful performance of this Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents, and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 60 Calendar Days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of our principal place of business, are required to be alp, perTent lower than resident bidders by state law. A copy of the statute is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. oat B. The principal place of business of our company or our parent company or majority owner s in the State of Texas. Proposal - 5 Receipt is acknowledged of the following addenda: Addendum No. 1 �?,OW Addendum No. 2 Addendum No. 3 Respectfully submitted, By Title v Address (SEAL) If Bidder is Corporation Date: I -END OF PROPOSAL- Proposal - 6 VENDOR COMPLIANCE TO STATE LAW i — The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as a low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal 90" place of business are outside the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the ,m same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place low of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state 1 or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. �,. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business are not required to underbid resident bidders. B. Ourcor rinci al lace of business or orate offices are in the State of Texas. P P P P Bidder: d r. Company By (Please Print) Ion Address Signature 100 City/State/Zip Title (Please Print) a THIS FORM MUST BE RETURNED WITH YOUR QUOTATION low City of Fort Worth Minority and Women Business Enterprises Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY Ifthe total dollar of the contract is$25,000 or more, the M/WBE goals are applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goals are not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises(M/WBE)in the procurement of all goods and services to the City on a contractual basis. The objective of the policy is to increase the use of M/WBE funs to a level comparable to the availability of qualified small M/WBEs which provide goods and services directly or indirectly to the City. M/WBE PROJECT GOALS The City's MBE/WBE minimum goal on this project isJ;P/oof the total dollar 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 minimum M/WBE goals, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be submitted by the bidder to the contracting department, within the time allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Affidavit Statement submit with the bid documents on bid opening date. L 2. M/WBE Utilization Form submit by 5:00 p.m., five(5) City business days after bid opening 3. M/WBE Goals Waiver Form submit by 5:00 p.m., five(5) City business days after bid opening 4. Good Faith Effort Form submit by 5:00 p.m., five(5)City business days after bid opening ... ............ . . : ::' . ;> OML'S`? " ' ADl L) U 'll' .: >: : E �iD Any questions,please contact the M/WBE Office at(817) 871-6104. City of Fort Worth Minority and Women Business Enterprises Specifications AFFIDAVIT STATEMENT PROJECT NAME: yvcm:ri �g dpv- A'IA CO- PROJECT NO. -IRW #QZ-S--0201 S0 280 1 6 ... ....... ... ........ The undersigned bidder hereby certifies that it/he/she will comply with the City's NU"E Ordinance and the specifications of this bid in the following manner: [check the most appropriate number(s)] 1. Velo, THE MBE/WBE PARTICIPATION WILL MEET OR EXCEED THE STATED GOAL, WILL COMPLETE MBE AND WBE UTILIZATION FORM 2. THE M13EAVBE PARTICIPATION WILL BE LESS THAN THE STATED GOAL, WILL COMPLETE GOOD FAITH EFFORT FORM. 3. NO MBE OR WBE PARTICIPATION, WILL COMPLETE GOOD FAITH EFFORT FORM. 4. NO SUBCONTRACT OR SUPPLIER OPPORTUNITIES AVAILABLE, WILL COMPLETE PRIME CONTRACTOR WAIVER FORM. Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Contact Telephone Number(s) o ox ISr-S77 01-7- 1- 9-D9 q Address Fax Number .-I- , .0 TV City/State/Zip Code Dat� ATTACHMENT 1A Page 1 of 2 CITY OF FORT WORTH MBE and WBE' 'UTILIZATION FORM 1 . Vyl lfT SyVe�4�-. C. t"L v Z)/ A) Prime Company Name Bid Eke WCOMIQ s. 1{10 cac),&T- ccs-t�2b�ls>�$211, Project Name Project Number The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The willful misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. ::.:...£:: .::.:..: :.::::: 3�.::: :.:::::.::::::::::::::::::::::::. ................................ . ctf.....+ ....... . .3e�c �9 Frn.aT� 76� g,� ��,�-` .� A.ior.gyp T �b k c ntJte..... L! A/c rzoa,o n! �sT ,7,f,;,cv. NLT�'cP G`,""-1x 42q-5_ '4V P7T 7 o 76105 S"�� ►�S c� V g,�,sa X56 Lpke_ r Z, IN l�•�t 64► 1 p'fl� .���s0 (*)Acceptable certifying agencies,please specify: (NCTRCA)North Central Texas Regional Certification Agency (TXDOT)Texas Department of Transportation (**)Only first and second tier acceptable THIS FORM MUST BE SUBMITTED BY THE MANAGING DEPARTMENT BY 5:00 PM,FIVE (5)CITY BUSINESS DAYS AFTER BID OPENING ATTACHMENT 1A Page 2 and 2 MBE and WBE UTILIZATION FORM : .... ' e bidder fiuther agrees to provide,directly to the City upon request,complete and accurate information regarding actual work performed by all subcontractors,including MBE(s)and/or WBE(s)on this contract,the payment therefore and any proposed changes to the original MBE(s)and/or WBE(s)arrangements submitted with the bid. The bidder also agrees to allow an audit and/or examination of any books,records and files held by their company that will substantiate the actual work performed by the MBE(s)and/or WBE(s)n this contract,by an authorized officer or employee of the City. Any willful misrepresentation will be grounds for terminating the contract or department 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. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Co oany Name Lo Authorized Signature 3 0-2-/C) Title Date rev.4/18/95 ATTACHMENT 1B Page 1 of 1 PRIME CONTRACTOR WAIVER FORM Prime Company Name Project Number v� X Bid Opening Date Project /exVplanion If both answers to this form are YES, do not complete ATTood Faith Effort Form). All questions on this form must be completed and a detailedided, if applicable. If the answer to either question is NO,then you>�complete ATTAis form is only applicable if both answers are yes. Failure to complete this form, in its entirety with support' documentation, and submit if on or before 5:00 p.m. five 5 City business days after bid oD iz will result in the bid being considered nonresponsive to bid specifications. Will you perform this entire/anation without ontractors? _Yes No If yes, please provide a detaanatio t proves, based on the size and scope of this thi ur normal business practice and provide an operr n your business. Will you perform this entire thout suppliers? _Yes No If yes, please provide a detaination that proves, based on the size and scope of thisthis is your normal business practice and provide an invefile of your business. The bidder further agrees to pr ide,directly to the City upon request,complete and accurate information regarding actual work performed by all subcontra ors,including MBE(s)and/or WBE(s)on this contract,the payment therefore and any proposed changes to the original E(s)and/or WBE(s)arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of an ooks,records and files held by their company that will substantiate the actual work performed by the MBE(s)and/or WBE on this contract by an authorized officer or employee of the City.Any willful misrepresentation will be grounds for terrain g the contract or debarment from City work for a period of not less than three(3)years and for initiating action under Fede al State or Local laws concerning false statements. Autho ' ed Signature Company Name Tie Date ATTACHMENT 1C Page 1 of 4 GOOD FAITH EFFORT FORM Prime Company Name Bid Date Project Name Project Number If you have failed to secure M/WBE participation and you have sub ontractmg and/or supplier opportunities or if your M/WBE participation is less than the Citys pro' ct goal(s),you must complete this form, Ifthe bidders method of compliance with the M/WBE/ntation, on demonstration of a "good faith effort", the bidder will have the burden of correely preparing and submitting the documentation required by the City. Compliance with gh 8 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, r isintentional discrimination by the bidder. Failure to completethis form,in its entirety with supp^ng documentation, and submit it on or before 5:00 m. five 5 Ci1y business days after bid weniu4 will result in the bid being considered non-responsive to bid specificatons. 1. Please list each and ev/ubcting and/or supplier opportunity which will be used in the completion of this project, whether it is to beprovided by a M/WBE or non-M/WBE. (Use additional sheets,if neceList of:Subc tractin Sunvlier Qpportunities m _ v Qa ATTACHMENT I C Page 2 of 4 2. Did you obtain a list of M/WBE firms from the City s M/WBE Office? The list is considered in compliance if it is less than 2 months old from the date of bid opening. YES Date of Listing NO NOTE: If a SIC list of M/WBE is five or less,the bidder must contact the entire list to be in compliance with questions 4 and 5.If a SIC list ofM/WBE is more than five,the bidder must contact at least 4 and 5. 3. Did you attend the Pre-Bid conference scheduled by the City? YES Date of Listing NO NA (Pre-Bid not scheduled by City) Did you request bids from M/WBEs in attendance at the Pre-Bid conference? YES M/WBE Comp= Contact Person NO NA (No M/WBEs at Pre-Bid) 4. Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, on a timely basis by mail? YES If yes, attach M/WBE mail listing and dated copy of letter mailed NO 5. Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, on a timely basis by telephone? YES If yes, attach list with: Name of M/WBE firm, NO Person contacted and Date of contact 6. Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, on a timely basis, by advertisement in local newspaper(s)? YES If yes, attach copy(s)of advertisement, with date(s) NO Note: "On a Timely Basis" is considered ten days prior to bid opening. ATTACHMENT 1C Page 3 of 4 7. Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs. YES NO 8. If M/WBE bids were received and rejected, you must(1)list the M/WBE firms and the reason(s) ,,. for rejection (i.e., qualifications, quotation not commercially reasonable, etc.) and (2) attach documentation to support the reason(s) listed below (i.e...letters, memos, telephone calls, meetings, etc.)Please use additional sheets, if necessary, and attach. Company Name,Address and Contact Person Scope of Work Specify Reason for Rejecfion s Bidders who continuously list the same M7WBE when contact has previously been unsuccesd6l as a result o disconnected numbers or returned mail, will not be deemed in compliance with the Good Faith Effort ATTACHMENT 1 C Page 4 of 4 ADDITIONAL INFORMATION: Please provide any additional you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment therefore 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 filed held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any willful misrepresentation 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. 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. Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Contact Telephone Number(s) Address Fax Number City/State/Zip Code Date ® INDEMNITY CORPORATION (a Stock Company, organized under the laws of Wisconsin) BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, M. A. vINSON CONSTRUCTION COMPANY, INC. P.O. Box 185577, Fort Worth TX 76181 (hereinafter called the"Principal"),as Principal,and the Capitol Indemnity Corporation of Madison,Wisconsin a corporation duty organized under the laws of the State of Wisconsin (hereinafter called the "Surety"), as Surety, are held and firmly bound unto City of Ft. Worth (hereinafter called the "Obligee"), in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars ($ 5% G.AizB. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for Woodside Hill Court Drainage Improvements (0115020115028216) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1st day of March 2001A.D. M. A. VINSON CONSTRUCTION COMPANY, INC._(SEAL) (a Witness ? �� B (SEAL) • '� - (Principal) v (Title) CAPITOL INDEMNITY CORPORATION - _ A Wis psi Corp ati ( rety) Witnes ,lli2G% J By: / (SEAL) Camel Gooderxxigh nttnrna _i n-FaCt am (Title) WATSON//SMITH, INC. Richardson, Texas r (CIC-C-422-BD4e/89) t.� INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE,SUITE 1400,MADISON,WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TORO.BOX 5900,MADISON,WI 53705-0900 PHONE(608)2314450•FAX(606)231-2029 POWER OF ATTORNEY No: 568111.8 sg11 e1�bj fs :Etes # � t CNS f1ok® lL� 2 dalfl ° t9 , r n t Pws p©fFl#w�,db vB., 7 a� w� 74,. {t" Vt$;4SOI`t GDdt•1Cw«5MI IIS EJiZ COOL�'O?DElE71 +I, i -r dd„ r vw u0 ` r kwt '^ W N rt y { +w w V x" a Wr rt .d''. , �"' "'y�� i J�,'�ll� 4� � rr' +. k I a &fi Mew am rta rh ? � "tt �r tm v l� ;., r its true sr IaWful RYtdtCtd�s In fafttoriatl+ xeoute,selltrleltuer#dtarift tuff 8s.11rlrty anus lis aft and h ciedd any- all,bonds tilnd�rtakfngs and cartfraets iifuratygftl p�ovtde�fha T�atd ttranderfaing t}t tract cif S Tref jrs*execuf d underthls authority shafl;exceed irrbmoun fkf 4utTl of o 4 t' i t 5 NOTTO-EXCEED-$5 000 OOQ M�,' i,'r �-- 7- $y "� "Thla Puowe f'tif A#Iortle( t*ariCed rrd is sfgned'and sea by f4i;iffr ile v gr tW `py a uthdlNf�r of ifloWing R�9A� �11A the rd at }red pkv of C PITOU f IE ITV IRPM i ATO G��rtg e t +an4 fi ict l w yyi © 9 y krA f i Iriu� "m w� y u5' 4i w r i p 44� +hew ��}'S 'S'y" d ttli f� �w� �t 4a t •' pp y ey u se§otn of a eCrititrig and attest f g bzjnc�s and u tle�"itak ngt,_9 tl',hthor writ gs bbligeto jFPower " �iE$tjLVED that P and Ge President; i Y g fit) e ry f(f� 9 tt in the oirtiures to the Il ne,ss more resident company,ce pp sesiden oai S`stpant,secrstat es and attotrtey(s)-iricfact;ea9h aappponte�fa Nava t1e "powers and defies,usual to such t ' y g ti officers'and seal of the Company may be affixed to an such poWerpf attorney or to any certificate ,relating thereto by facsimile and any such power of attorney or certificate bearing such facsimile s<natures or facsngle seal shall,be valid and binding upon tpe ompaFty,-and'ary„guch pow f ko executed ariii cethtgby facs4mtle signatures and fa a mole seal a ttYaltd acrd fYltidng upaltl°(fte Company tot the�tuuture With resp gt to anya p d or i>Fde t Cdr QtherYwntdig gblt9 Qp P the nate thereof o wtNch tt 10r ht(ae act;�fr"?Y sutSf�r; ?ppoaa rrfit j�a�ba revoMe�l for causa ar .y `vithout pause by rSn Of 'aid O ce at any ttma° l ,r w 4 � � ' r k da)Al :, I � { {i{ YY�; H� M I+i�a 41x w aA�v Y tNNEtSI�WHEROF, fte'CAftfOL I � MNI1� C)f POR1kTION has C3useth6Cesents to be slnec by tts d)f(a F►dersl�rir d ani i dor br�6te ssal ta`17e hereto a#flr e duly at)e ated I r°f�td Sip efaf,K, rsw f t day of 1 to �'`i999. ,� r iW Ili tl r r" ;'Y w� CAPITOL IN[JEMNITY"CORPORATfON: ` V F�s'�.•W'� c � '„�',"l1 V,'�` P .�J a �,w{trN�r I",h' a, � ;'x � t�w d�rh x ” ,, a9y R i+ ftlte ata 1 :4h"I'd%1 P �y tis= u 7- r�N SN a +r a s`Sr r Se��� .S�i� a^✓�t �. nl ..�' C .0 r '' u P a�w a i':am �r 'C wt M } 4� alI4M et�lTF E �€ c t�+f§ prr f, � Jude tie99 befq e me persortatl c e ce�fg� �t o Ict�p� �iho lel m itd df d os f�I;ly, #fit d Pd ,t ? nylfle.Ca Y t ne,w; to bl' lsgdff )h 1 s tt�e r sld 0 of ; Gi4 ITf L tiNi l I'Y C jrOR fx IPo c r dratiarf k 6SCr)b�ttt 1d vlrhfL�f eCufs t fh�d oWe t�,�trum t tliaK he ;khnow + ; eat of e bald cq p r fhn #fl f(fie e�I affitC tt ' td tnst inrent .�t l ct� pra� wth t It W810; fed o e e roti f Df tmrsbf calf f af(an and t ` tigno®rl Il Farr ;t dry fffc fderd, �, � d� 4 4� TC* °MfIO,-�a IN s' ".._ aE'F1F' Y6 ''ar "'d r_ _ �a "s¢x' w r sg'°s d awl,,t�i4 Y• " r'(b' fJNTY"VF D4 > € 'tea Jan6 F Endras C4 W} v � ^•" w sy �t:d u r '� w. i C i tiq '' t w sl �b ��qi'f itt�•MBrch�i t 3 i� ','+'r" l4& i �iw'� ^OYaJwaN,, �«i +iww„ „ irt.H'ar .• �YRV F $ °pv i? <W1Ju x, ',fir h'n P7 x" - r rM ilr 4l'rw' y�i r+..,'^� ` r,'�y�„�' d•"�`�<' �t '"rix.. � r+ .Y I� ,, v r M ,.'4„��+f~"'{ �a ..�.'�w ar r "�.l,r.m1 a I ��TE^ r, �N"1«�xo,yry'.,`�4 dyx��iv, m" §� 4 a+.y$ Xt� may, a¢rS 7r y, >d .t q'Yw� �.{� Y."3'''a, .4 k own s 4 y'I '{dd ay fa a + 31d` 'w 5 n tC a n Z11 nrf f � y' uflCtc)°ItRtkfd"offfeea tei � to �lay14G E1� [ ITv. ,.. a tP„ W',rr«, YJ� lf�.Cf1 4f EI F� Y f t IF that th drl°"on G6 9A`ITO0,,� 1i;isln° ratlart,athanzed'tarrlek tiilsce�tlioa#e" I going Power ctf holey rerbatfs.fi fuli fq"ice and'fids not ,ern revoked -1 In khat the f�esotutroFw of.the Baafd of blr, 'oret sef farl(•l.in he Pavveraf Attome is no to fgre� no qq,.peaf�f �tt` (`Ifyi f Boli.jfJ�'t ated tt12;1 +1r3_S't=,w`' ^�, ,.� o wt fat w er tww� Rm� tt�a af.+t �`JCv € »a art 3��r4x�c a 0c ipwe rr4fir g.F''ti i„„', r•'' ^3+err ^, _ r•s xi f5�m r+N+t' +u '` r" y,, nt ""' }r '"+t.'r a 16 ".M dt ffif$0 �, ��` �6s`� s� „ #� � fs 15 valtd� �t�Q�ter of qtt rtltmber phl�i ih t 'tfPf�'n9h �ardf �orris,� tit rr "pttotoc®ptq e�rbon egple Vic^w C�{ f de " t 'y�, +��� " �' '�`�"t'"'i" '`m���f� �,��aQnd��g�t•;at�kt �.� REPORT OF EXECUTION 5 63 8118 ATTACH THIS SLIP TO THE COPY OF THE BOND AND APPLICATION AND MAIL TO CAPITOL INDEMNITY CORPORATION Bond Number 568118 — Name of Principal on Bond M. A. Vinson Effective Date 3-1-01 Address Ft. Worth, TX Amount of Bond 5% Description of Bond Woodside Hill Court Drainage Improvements Premium Charged — IF POWER IS USED ON BID BOND-STATE APPROXIMATE AMOUNT OF BID $781,000 --------------------------------------------- Agent's Name Watscn//SMith Agency No. 8239 Address Richardson, TX Date Bond Executed 2-27-01 CIC-POA-133-BD(5/99) M/WBE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works RECEIVED MAR 0 2 2001 Official Date: 1 1 Official Time: Bid Date: 0 /-0J Project Name: 1AU (mg �Jll1(/�LC Project Manager: �3t QJI , Forms Submitted By Name: Company: 1—►� Ul ,�Vl ��1,Q.t��,� n_.1" , x� Received By: �,e,«� , 1 V((' _ �►?C�� e CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS i _ FOR: WOODSIDE HILL COURT DRAINAGE IMPROVEMENTS T/PW No. C115-020115028216 i 1. SCOPE OF WORK: This project consists of constructing a storm drainage system and related appurtenances across the rear of the lots along the south side of Woodside Hill Court. 2. AWARD OF CONTRACT: The City intends to award one contract to the overall low bidder. The City also reserves the right to abandon, without obligation to the i Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. Award of contract, if made, shall be to the responsive low bidder. i 3. PRECONSTRUCTION CONFERENCE: The successful Contractor,Engineer,and Owner shall meet at the call of the Owner for a preconstruction conference before i any of the work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to _ adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all ,., unusual conditions which may give rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. i SP - 1 i 5. ABANDONMENT OF PROJECT: The City reserves the right to abandon, without obligation to the Contractor, any part of this project or the entire project at any time before the Contractor begins any construction work authorized by the City. 6. 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 "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the City Engineer. ,., 7. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 8. SANITARY FACILITIES FOR WORKMEN: The contractor shall provide all necessary sanitary conveniences for the use of workmen at the project site.Specific attention is directed to this requirement. 9. PAYMENT: The Contractor will receive full payment from the City for all work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 10. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the proposal for each bid item. Surface restoration and cleanup are general items of work which fall in the category of subsidiary work. i All objectionable matter required to be removed within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. _ 11. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item No. 7,"Legal Relations and Responsibilities to the Public" of the Standard Specifications. 12. SITE RESTORATION: The Contractor shall be responsible for restoring the site to original grade and condition after completion of his operations subject to the .. approval of the Engineer. The basis for approval by the Engineer will be grade restoration to plus or minus one-tenth (0.1) of a foot. Jr - 2 i a 13. DAMAGE TO PRIVATE PROPERTY: 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, per Paragraph C6-6,10 of the General Conditions. This shall-be subsidiary to the contract and not a separate pay item. 14. WAGES RATES:The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any sub- contractor on the site of the Project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached at the end of this section). 15. DEFECTS: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both,for a period of one year from the 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. 16. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the .. Contractor's responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities and any losses to the utility owner due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 17. CONSTRUCTION STAKING: Construction stakes will be set by, the City in accordance with the provisions of Items 5.8 of the General Provisions. 18. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act of _ Regulating Traffic on Highways", codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. ,., The Contractor shall not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign •• SP - 3 must be removed to permit required construction, the Contractor shall contact the Transportation & Public Works Department, Signs and Markings Division (phone .. number 871-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re- install the permanent sign and shall leave his temporary sign in place until such re- installation is completed. .. 1. The Contractor shall furnish barricades,flares,channelizing devices,etc.,for the protection of the public and the work. 2. The cost of traffic control shall be included in the unit bid prices of the various items listed in the proposal, and no other compensation will be allowed. 3. The Contractor shall furnish a traffic control plan to the City at the preconstruction meeting. The cost for traffic control shall be subsidiary to the unit prices for this project. 19. 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 Contractorto 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 Engineer 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. 20. BARRICADES AND WARNING SIGNS: The Contractor shall prosecute his work in such a manner as to create minimum interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Barricades, warning and detour signs shall conform to the Standard Specifications SP -4 "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with"1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1". 21. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property owner. 22. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor .. shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. Any and all permanent structures such as _ parking lot surface, fencing, and like structures shall be replaced at no cost to the City by material of equal value and quality as that damaged. 23. SAFETY RESTRICTION -WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than 5-inches by 7-inches, painted yellow with black letters that are legible at 12-feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back -� hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within 6-feet of high voltage electric lines, notification shall be given the power company (Texas Electric Service Co.) who 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 Texas Electric Service Company, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the Texas Utilities for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. .. 5. No person shall work within 6-feet of a high voltage line without protection having been taken as outlined in Paragraph 3. ®, 6. It shall be the responsibility of the Contractor to notify all subcontractors of the requirements listed in paragraphs (1)through (5). SP - 5 24. PRE-QUALIFICATIONS: Any contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications,which general specifications shall govern performance of all such work. 25. RIGHT TO AUDIT: 1. 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 the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this _ section. The City shall give contractor reasonable advance notice of intended audits. 2. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, .. have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontract, 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. City shall give subcontractor reasonable advance notice of intent audits." 3. 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 the copies as follows: A. 50 copies and under- 10 cents per page. B. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter. 26. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the .. proposal are approximate. It is the Contractor's sole responsibility to verify all 'the minor pay item quantities prior to submitting a bid. When the quantity of the work to be done or materials to be furnished under any .. SP - 6 rr i major pay item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75%of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. i 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. i 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 Director of Engineering and approved by the City Council after said work is completed, subject to all other considerations of the contract. As used herein,field cost of the work will include the cost of all workme , foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such i time as actually used on such work only, plus all power, fuel, lubricants,water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance �. required by law or by ordinance. The Director of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall coverand compensate him for profit,overhead,general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director of Engineering access to all accounts, bills and vouchers relating thereto. _ 27. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director 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 i Jr - / i 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. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractors expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at his expense and dispose of such materials in accordance with the Ordinance of the City and this section. 28. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor .. covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly,the work and services to be performed hereunder by Contractor, its officers, agents, servants, employees, ., contractors, subcontractors, licensees or invitees, whether or not caused, in whole or part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of, or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees and invitees, -� whether or not caused, in whole or in part,by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against the Contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Transportation and Public Works Department, as evidenced by a final inspection, final payment to the Contractor shall not be .. SP - 8 recommended by the Director of the Transportation and Public Works Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. Although the claim concerned remains unsettled at the expiration of the above 30- day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total .. dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. a. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the expiration of the six month period, the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Transportation and Public Works Department contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. 29. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7400(Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and .. at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his �^ SP - 9 office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. me 30. INDEMNIFICATION: The Contractor agrees to fully indemnify and save whole and harmless the City, Owner and Engineer from all costs or damages arising out of any real or asserted claim or cause of action against it of any kind or character and in addition from any and all costs or damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted, claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, his agents, servants and employees. The Contractor further agrees to comply with .. all applicable laws, regulations, ordinances, building and construction codes of the City of Fort Worth and State of Texas and with any regulations for the protection of workers which may promulgated by the Government and shall protect such work with all necessary lights, barriers, safeguards and warnings as are provided for in said specifications and in the ordinance of said City. 31. MINORITY AND WOMEN BUSINESS ENTERPRISE(M/WBE)COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by City of Fort Worth Ordinance No. 13471, the City of Fort Worth has goals for the .. participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. -• Failure to comply with the ordinance shall be a material breach of contract. The M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) city business days after bid opening. Failure to comply shall render the bid non- responsive. Upon request, contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE)on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the "• commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a .. negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. The City will consider the contractor's performance regarding its M/WBE program .e in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive -r SP - 10 ! to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to ! be performed. All M/WBE contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine(9)county marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as ,. non-responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, .. the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10%of the original contract,the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall: .. 1. Make no unjustified changes or deletions in it's M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the contractor had represented he would perform with his forces, the contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and , 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: A. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. •• SP - 11 B. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractorto execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. D. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 33. ZONING COMPLIANCE: During 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. 34. QUALITY CONTROL TESTING: 1. The contractor shall furnish, at his 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. 2. 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. 3. Quality control testing of in-place 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. 4. 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 *- SP - 12 involved is deemed to be included in the unit price for the item being tested. -• 5. 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. 35. CLEANUP FOR FINAL ACCEPTANCE: The Contractor shall make a final cleanup of all parts of the work before acceptance by the City. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. Final acceptance of the completed project work shall be given by the City of Fort Worth Engineering Department. 36. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. .. 37. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: 1. Worker's Compensation Insurance Coverage .. A. Certification 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's employees providing services on a project, for the duration of the project. B. Duration of the project-includes the time from the beginning of the work on the project until the contractors/person's work on the project has been .. completed and accepted by the governmental entity. C. Persons providing services on the project ("subcontractor' in §406.096)- i •• includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. .,a SP - 13 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the .. statutory requirements of Texas Labor Code, Section 401.011(44)or all employees of the Contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. .., 4. 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 ta. coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: A. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing ` coverage for all persons providing services on the project; and B. 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. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered, and stating .. how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to �• provide services on a project, to: A. 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; •. SP - 14 B. 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; C. 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; D. Obtain from each other person with whom it contracts, and provide to the Contractor: _ 1. A certificate of coverage,prior to the other person beginning work on the project; and 2. 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. 3. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 4. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 5. 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. E. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification .. codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or ,., misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. F. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to •. SP - 15 declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 10. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by 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 Worker's Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 38. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material which has been specified. Where the term "or equal", or"or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use,the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal", _ or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "substitutions" shall .. be applicable to all sections of these specifications. 39. TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL: 1. DESCRIPTION: This item shall consist of temporary soil erosion sediment and .. SP - 16 water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a •• substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled- hay retards, dikes, slope drains, silt fence and other devices. 2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of .. water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding, or other control devices or methods directed by the Engineer as reoesoy to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-d- way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish g r a d i n g , mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions m a k e such limitations unrealistic, temporary soil-erosion-control measures shall be pabrrcd .. as directed by the Engineer. A. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. .. B. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken .. during the construction and removal of such barriers to minimize the muddying of a stream. C. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. D. The Contractor shall take sufficient precautions to prevent pollution of s s streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or _ other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to SP - 17 avoid interference with movement of migratory fish. �• 3. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control as designated on Plan Sheet 15, "Storm Water Pollution Prevention Plan" shall be paid for at the Contract unit price bid per lump .. sum. 40. STANDARD SPECIFICATIONS FOR CONSTRUCTION: 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 COUNCIL OF GOVERNMENTS A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2"d Floor, Municipal Building, Fort Worth,Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division I of the North Central Texas document. .. 41. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's lien upon receipt of payment. 42. SEQUENCE OF CONSTRUCTION / CONSTRUCTION SCHEDULE: Prior to beginning construction, the Contractor shall supply the Construction Engineer with a schedule of construction which reflects the proposed sequencing and any proposed detours. These items will be subject to the approval of the Construction Engineer and the City Traffic Engineer. 43. 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. 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. SP - 18 .r The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer. CONSTRUCTION: 44. NON-PAY ITEM: 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 Specifications Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 45. NON-PAY ITEM: 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. 46. NON-PAY ITEM: PROTECTION OF TREES, PLANTS AND SOILS: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, .. trees, etc. shall be preserved or restored, after completion of the work, to a condition equal or better than existed prior to the start of work. •. 47. NON-PAY ITEM: SAWCUT OF EXISTING CONCRETE: When existing concrete or HMAC is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. 48. NON-PAY ITEM: TEMPORARY CONSTRUCTION FENCING: The Contractor shall also at all times, maintain the security of individual yards, particularly at the end of each work day, by reinstalling fencing or providing temporary fencing as needed. It is also the responsibility of the Contractor to maintain a physical separation between his work area and the other areas of the yard in which he is conducting the work by erecting temporary construction fencing or other means of protection for property owners. This work shall be subsidiary to the unit prices bid for the project and not paid for separately. _ 49. NON-PAY ITEM: PROTECTION/PRESERVATION OF EXISTING IMPROVEMENTS: The Contractor shall be responsible for the protection and preservation of existing improvements shown on the plans. Prior to beginning the work, the Contractor, the Owner and the Engineer shall walk the project to discuss the Contractor's plan for •. SP - 19