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Contract 32324 (3)
THS COPY Fold CITY SECRETARY - C= CONTRACT NO. COWUCTOR's 50NDING CO. COY siciclmly SPECIFICATIONS AND CONTRACT DOCUMENTS----CITYMANAGEWSOFACE INGMEERING DIV. VP'#-FILE COPY BRIDGE REPAINTING AT VARIOUS LOCA (2005-15) - PROJECT NO. GS93-020930260680 IN THE CITY OF FORT WORTH, TEXAS MAY 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER 4 ROBERT D. GOODE, PE DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT •. GEORGE A. BEHMANESH, PE FoIcIk,mg ASSISTANT DIRECTOR OF TRANSPORTATION �g � I y AND PUBLIC WORKS DEPARTMENT -- ORIGINAL N City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/4/2005 DATE: Thursday, August 04, 2005 LOG NAME: 20BRG/PNT05-15 REFERENCE NO.: **C-20882 SUBJECT: Authorize Execution of Contract with DMS Painting, Inc., for Bridge Repainting at Various Locations (2005-15) RECOMMENDATION: .,, It is recommended that the City Council authorize the City Manager to execute a contract with DMS Painting, Inc. in the amount of$169,922.00 for 100 working days for bridge repainting at various locations (2005-15). DISCUSSION: In the FY2004-2005 Contract Major Maintenance Program, various types of maintenance techniques are used to maintain the City's street network, including bridges. This project provides for repainting of three bridges in the City. Work will include painting steel members, concrete surfaces and tops of bents at the following locations: Bridge Over Clinton Ave Marine Creek _ NW 30th Street Marine Creek Meandering Road West Fork Trinity River The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25% of the contract award. This project was advertised on May 12 and 19, 2005 in the Commercial Recorder. On June 16, 2005, the _ following bids were received: Bidders Amount DMS Painting,lnc. $169,922.00 ., Gibson &Associates, Inc. $204,200.00 Texas Bridge, Inc. $277,200.00 NG Painting, LP NON-RESPONSIVE DMS Painting, Inc. is in compliance with the City's MWBE Ordinance by committing to 10% MWBE participation. The City's goal on this project is 9%. ., This project is located in COUNCIL DISTRICT 2 and 7. FISCAL INFORMATIONXERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the — ON an Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/AccountlCenters _ GS93 541200 020930260680 $169,922.00 go Submitted for City Managers Office by: Marc Ott (8476) aft Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) on .n r r Si' TRANSPORTA�'ION AND PUBLIC WORK TELEFAX COVER SHEET TO: TMI Coatings, Inc. FAX 651-452-0598 N.G. Painting, Inc. FAX 830-792-4968 Seminole Equipment, Inc. FAX 727-945-0882 Gibson &Associates, Inc. FAX 972-557-1552 H &W Industrial Services, Inc. FAX 903-757-7857 Bridges R Us Painting Co., Inc. FAX 330-755-3037 Texas Bridge, Inc. FAX 281-441-8916 DMS Painting FAX 281-991-5680 D & P Painting & Construction, Inc. FAX 972-641-5521 FROM: Julie Westerman, Project Manager x Office: 817-392-2486 0 } SUBJECT: Pre-bid meeting notes and clarifications Bridge Repainting at Various Locations (2005-15) GS93/020930260680 Bid Opening Date: June 16, 2005 Addendum Issued: June 6, 2005 Total Pages: 2 ORT W The following clarifications should be noted by all prospective bidders: 1. MWBE PARTICIPATION The MWBE participation goal for this project is 9% of the contract amount. Current MWBE vendor list(s) for subcontractor and supplier opportunities can be obtained by completing and faxing the attached form to the MWBE Office (Office 817-392-6104, FAX 817- 392-6185). 2. NON-PAY ITEM NO. 4—CLEARING AND GRUBBING (Pg 8-10) Project limits shall be considered areas within 6-ft of structure and any area that is required for access to structure. 3. PAY ITEM NO. 2 —CLEAN, PRIME AND PAINT STEEL SUPERSTRUCTURE (Pg 8-11) Existing paint on Clinton Avenue and NW 301h Street bridges contains lead. Appropriate measures should be taken to contain lead during surface preparation. Surface preparation includes power washing primarily, however there may be some minor hand cleaning necessary. For general information, bridge sizes are as follows: Meandering Road bridge—286' long by 39' wide NW 301h Street bridge— 170' long by 42' wide Clinton Avenue bridge— 100' long by 56' wide 1 City of Fort Worth MM89 Office 1000 Throcknarton Stmt Fort Worth TX 78102 OIfIGe:(817)392.8104 Fax::(81,7392.8185 FORTWORTH • PLEASE ANSWER ALL QUESTIONS ON THIS FORM TO ENSURE FASTER PROCESSING COMPANY NAME: ADDRESS: CITY/STATE/ZIP; REQUESTER'S NAME: PHONE: FAX: EMAIL: IS THIP A CITY OF FORT WORTH FUNDED PROJECT?Yea or No IF YES,PLEASE PROVIDE PROJECT NAME. IS THIS A FEDERAL FUNDED PROJECT? IF YES PLEASE PROVIDE PROJECT NAME BID OPENING DATE: PROPOSAL DATE: TYPE OF PROJECT:CONSTRUCTION• PROFESSIONAL PROFESSIONAL(RFP) PROFESSIONAL(RFQ) PURCHASING . PLEASE INDICATE HOW YOU WOULD LIKE TO RECIEIVE YOUR FAX: MAIL FAX PICK UP CONTRACTOR OPPORTUNITIES SUPPLIER OPPORTUNITIES This listing Inclusive of the commodities you requested can be utilized for three,months from the bate of this letter per the MIWBE Ordinance ff 15530. if additional commodities are needed within this three month period please contract the MIWBE Office at the (817) 'Sno OAn1 SPECIFICATIONS AND CONTRACT DOCUMENTS BRIDGE REPAINTING AT VARIOUS LOCATIONS (2005-15) PROJECT NO. GS93-020930260680 IN THE CITY OF FORT WORTH, TEXAS 2005 '\-�rjj xi&k ) GEORG H A , P.E. DATE ASSISTANT DIRECTOR, DEPARTMENT OF TRANSPORTATION & PUBLIC WORKS TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Scope of Work 4. Prevailing Wage Rates 5. Proposal 6. Vendor Compliance to State Law 7. Minority and Women Business Enterprises Specifications 8. Special Provisions 9. Contractor Compliance With Workers' Compensations Law 10. Certificate of Insurance 11. Performance Bond 12. Payment Bond 13. Maintenance Bond 14. Contract APPENDICES: Appendix A: Project Location Maps Appendix B: Photographs and Notes of Selected Deficiencies Along Bridges T Appendix C: Project Designation Sign Detail Appendix D: Traffic Control Plans NOTICE TO BIDDERS Sealed proposals for the following: BRIDGE REPAINTING AT VARIOUS LOCATIONS (2005-15) PROJECT NO. GS93-020930260680 Addressed to Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., June 16, 2006 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be purchased for twenty dollars ($20.00) per set at the Office of the Department of Engineering, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. These documents contain additional information for prospective bidders. A pre-bid conference will be held at 9:00 A.M., June 2, 2005 in the Transportation and Public Works Conference Room 270, 2nd floor, Municipal Building. Bid security is required in accordance with the Special Instruction to Bidders. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 392- 7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with Documentation) and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non- responsive. The Managing Department for the project is the Department of Transportation and Public Works. For additional information,contact Julie Westerman at(817) 392-2486. CHARLES R. BOSWELL MARTY A. HENDREX CITY MANAGER CITY SECRETARY George Behmanesh, P.E. Assistant Director, Department of Transportation Public Works Advertising Dates: May 12,2005 May 19,2005 1 - 1 SPECIAL INSTRUCTIONS TO BIDDERS .. 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations .. permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other •• quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. aft Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re- advertise for new proposals, or to proceed with the work in any manner as ift maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in -m the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the "" Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may AM be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 2- 1 .. .. „ft 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of ,m Engineering Construction Division at (817) 392-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. ,m 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until ,m the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received ,m by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The .m successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in •• a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the Contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. Am D. All contracts shall require a Maintenance Bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of Oft acceptance of the project from defects in workmanship and/or material. •a 2-2 To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or ,. required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against .W the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to •• the City. 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. MM 8. WAGE RATES: All bidders will be required to comply with provision 5159a of 'Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. MR 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Transportation and Public Works Director for use by the CITY OF FORT WORTH in determining the successful AM 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. MM 10.INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and MM .. 2-3 appropriate bonds, proof of insurance for Workers' Compensation ,ft (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non-owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see .. Special Instructions to Bidders - Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting �. employer's liability insurance coverage under Contractor's workers' compensation insurance policy. A• B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX - 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance .. documentation shall not constitute a waiver of the insurance requirements specified herein. .. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than workers' compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. '� 2-4 so H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11.NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non- resident bidder unless the non-resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. w "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a Contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a Contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with ` federal funds. The appropriate blanks of the Proposal must be filled out by all non- resident bidders in order for its bid to meet specifications. The failure of a non-resident Contractor to do so will automatically disqualify that bidder. i 2-5 on mn 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accord with City of .. Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with Documentation) and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to .. comply shall render the bid non-responsive. Upon contract execution between the City of Fort Worth and the .ft successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be •• utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm M 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor must meet the terms of the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. Am 0 Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide a brief explanation. The Contractor shall provide the M/WBE Office proof of payment to the 2-6 IVIMBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a. Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office .. should be notified. • If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state .. clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. if the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, the Contractor will provide the M/WBE Office with a Final Summary Payment Report Form to reflect the total participation from ALL (M/WBE and non-M/WBE's) subcontractors/suppliers utilized on the project. All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional information regarding compliance to the M/WBE Ordinance, call .. (817) 392-6104. Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a �► 2-7 f Am Minority/Women Business Enterprise (M/WBE) on the contract and AM payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13.AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14.PAYMENT FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: The Contractor will receive full payment (less 5% retainage) A from the City for each pay period. Payment of the retainage will be made with the final payment upon acceptance of the project as being complete. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the Contractor and the City. The warranty period shall begin as of the date that the final punch list has been completed. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the City and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, City shall make a payment I the amount that City deems due and payable. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15.OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of `A 2-8 ,. .e motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. If the Contractor is unable to perform continuous work for a period of at ,M least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Ozone Alert Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. .. 16.WORKERS' COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers' Compensation shall be as follows: .. A. Definitions: .. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, •. TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental F entity. .. Persons providing services on the project ("subcontractor" in . 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 2-9 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City: 1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the Contractor knew or should have known, of any change that •• materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project = that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. .. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project to: .. 1) Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; dM .. 2- 10 zY; 2) Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) Obtain from each other person or entity with whom it contracts, and provide to the Contractor: .. a) a certificate of coverage, prior to the other person or entity beginning work on the project; and dw b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the. coverage period shown on the current certificate of coverage ends during the duration of the project; 5) Retain all required certificates of coverage on file for the -� duration of the project and for one year thereafter. 6) Notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the lift coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed oft with the appropriate insurance carrier or, in the case of a self- +► 2- 11 insured, with the commission's Division of Self-Insurance .. Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. ON "The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to ,m be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' ® Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and �- shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, -o 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." 4M "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17.AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. dr 2- 12 r. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or .. advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is .� based upon a bona fide occupational qualification, retirement plan or statutory requirement. A+► Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure .� to comply with the Policy in the performance of this contract. 18.DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. .n 2- 13 PROJECT SCOPE OF WORK Meandering Rd. over/West Fork Trinity River The primary objectives of work at this location are to repaint the steel superstructure, seal and paint bent caps, and extend the existing deck drainage pipes down bents. For additional detail, see Appendix A and Appendix B. N.W. 30th St. over Marine Creek The primary objectives of work at this location are to repaint the steel superstructure, seal and paint bent caps, clean and paint concrete abutments, and install deck drainage down spout pipes. For additional detail, see Appendix A and Appendix B. Clinton Ave. over Marine Creek The primary objectives of work at this location are to repaint the steel superstructure, seal and paint bent caps, clean and paint concrete abutments, and install deck drainage down spout pipes. For additional detail, see Appendix A and Appendix B 3- 1 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 2000 ASPHALT RAKER $10.32 ASPHALT SHOVELER 9.75 BATCHING PLANT WEIGHER 9.65 CARPENTER (ROUGH) 13.64 CONCRETE FINISHER-PAVING 10.16 CONCRETE FINISHER HELPER (PAVING) 9.70 CONCRETE FINISHER-STRUCTURES 13.44 FLAGGER 7.00 FORM BUILDER-STRUCTURES 13.44 FORM SETTER-PAVING &CURB 10.25 FORM SETTER-STRUCTURES 9.75 LABORER-COMMON 7.64 LABORER-UTILITY 8.64 MECHANIC 13.25 SERVICER 10.13 PIPE LAYER 7.35 PIPE LAYER HELPER 6.75 ASPHALT DISTRIBUTOR OPERATOR 11.45 ASPHALT PAVING MACHINE OPERATOR 11.09 CONCRETE PAVING SAW 10.53 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL (<1 Y CY) 10.00 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL(>1 Y CY) 11.52 FRONT END LOADER (:S-2 Y CY) 9.94 FRONT END LOADER(>2 '/z CY) 9.32 MILLING MACHINE OPERATOR 8.00 MIXER 11.00 MOTOR GRADER OPERATOR(FINE GRADE) 12.31 MOTOR GRADER OPERATOR 13.75 PAVEMENT MARKING MACHINE 11.00 ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS 9.88 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 12.12 ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER 8.02 TRAVELING MIXER 10.00 REINFORCING STEEL SETTER-PAVING 9.75 TRUCK DRIVER-SINGLE AXLE LIGHT 8.00 TRUCK DRIVER-TANDEM AXLE SEMI TRAILER 10.22 TRUCK DRIVER-LOWBOY/FLOAT 10.54 TRUCK DRIVER-TRANSIT MIX 10.63 TRUCK DRIVER-WINCH 9.80 4- 1 a PROPOSAL TO: Mr. Charles R. Boswell City Manager Fort Worth, Texas FOR: BRIDGE REPAINTING AT VARIOUS LOCATIONS (2006-16) PROJECT No. GS93-020930260680 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Department of Transportation and Public Works Director of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following g sums, to-wit: SPEC PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1. 4 EA. PROJECT DESIGNATION SIGN ve f1yE AWW'0AM Dollars& 500 ND Cents Per EA $ $ Z ox- S.P. 2A. 1 LS CLEAN, PRIME,AND PAINT STEEL SUPERSTRUCTURE AT N.W. 30Th 4W 'ov ST./MARINE CREEK $63160, $ / iPP u Dollars& .S/,r GjW Cents Per LS S.P. 213. 1 LS CLEAN, PRIME,AND PAINT STEEL SUPERSTRUCTURE AT CLINTON 00 AVE./MARINE CREEK �� Now lu1 /✓/�✓�7*A. ,0 Dollars& $, �0� $ ��� o&4'*WAff)49_)0f0 Cents Per LS S.P. 2C. 1 LS CLEAN, PRIME,AND PAINT STEEL " SUPERSTRUCTURE AT aa do MEANDERING RD./WFTR $78�, $ 7Bc ,2JLe ta, Xh9_T/haJW Dollars& A10 Cents Per LS S.P. 3A. 1000 SF CLEAN AND PAINT CONCRETE SURFACES N.W. 30Th ST./MARINE p 00 CREEK $ /s $ 9D• r Dollars& S" Cents Per SF 5- 1 , S.P. 3B. 560 SF CLEAN AND PAINT CONCRETE SURFACES CLINTON AVE 00 Dollars& $ .9S $ J�3�• 5" Cents Per SF S.P. 4A. 1 LS CLEAN, SEAL AND PAINT TOPS OF BENTS AT MEANDERING RD. ao 00 /fllitWX60 Dollars& $ 500, $ SOo, 10 Cents Per LS S.P. 4B. 1 LS CLEAN, SEAL AND PAINT TOPS OF BENTS &ABUTMENT AT N.W. 30TH OR vo AZAM" Dollars& + 0 Cents Per LS S.P. 4C. 1 LS CLEAN, SEAL AND PAINT TOPS OF v BENTS &ABUTMENT AT CLINTON AVE. A-I VjF hl)-060 Dollars& it/5 Cents Per LS S.P. 5. 60 LF RELOCATE AND PAINT DECK DRAIN COLLECTION SYSTEM AT MEANDERING RDIWFTR $ a20, $ 12o0, 00 Dollars& D Cents Per LF S.P. 6 1 LS INSTALL DECK DRAIN DOWN SPOUT r PIPES AT N.W. 30TH AND CLINTON AVE $ /QGY�$ A ✓Fi � A<y,4AO Dollars& D Cents Per LS S.P. 7. 24 LF SEAL SIDEWALK CONSTRUCTION JOINTS ptl G0 Dollars& $ /a, $ Cents Per LF S.P. 8. 1 LS TRAFFIC CONTROL_ Dollars& -� Cents Per LS S.P. 9. 3 EA. REMOBILIZATION Five Hundred Dollars& $500.00 $1.500.00 No Cents Per EA 00 TOTAL BID $1�9 g�1• ��' 5-2 This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City ., Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within One Hundred (100) Working Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of &D ,BoNd _Tdjo GAB Dollars ($ Aggtd l /O ) is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. (1/we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted: Contractor—��S fiR11V -1W- By Address ? Telephone �� -7 76-0.3 (SEAL) e:qYl— / 1- 7740q Date Jt' 5-3 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate ` blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: e � (Please in ,253- 2-7 T IM6 Ave Signature: J �� A1 ,W,0,5W- 19,- Title. d city State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION NOW 6- 1 FYI .� FORT WORTH RE'_,1 VE0 JUN 2L' City of Fort Worth -� Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract las$25,000 or more,the MIWBE goal Is applicable. If the total dollar value of the contract is less than$25,000,the MIWBE goal is notapplicable. POLICY STATEMENT It is the poky of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises(MNVBE)in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordnance apply to this bid. MANGE PROJECT GOALS �J;�92, ),�4 The City's MBENUBE goal on this project is_.I_%of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contrails of$25,000 or more,bidders are required to comply with the intent of the City's MNVBE Ordinance by either of the following: 1. Meet or exceed the above stated MIWBE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department within the foilowing times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form,If goal is received by. 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Foran,N participation is less than opening data,exclusive of the bid opening date. stated oal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if no MIWBE articl a6on: op2ning date,exclusive of the bid opening date. 4. Prime Contractor Waiver Foran,If you will received by 5:00 p.m., five (5) City business days after the bid dorm all subcontracting/supplier work: opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. qg2ning date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MMSE ORDINANCE,WILLAESULT IN.THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions,please contact the MAYBE Office at(817)871-6104. Rev.Sr"3 RECEIVED JUN 2 3 20WTrA P Ir IA I F�ORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime ,2)14S ��rrv'Ti/►��' Ti✓v. PROJECT NAME: ANW/DBE NON-MNV/DBE �i�/NT/N� fl-T !/'Meta SCS .�o�i4?off ' BID DATE S- 3 - OZO �3o aZGO �'!� Zoos/s to—/� _'Wo, 7 -- MA BE Project Goal: Prhne's MMIBE Project Utilization: PROJECT NUMBER % � % CTS— 9,3—o Zo q,3o,200 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m.five(5)City business days after bid opening,exclusive of.-bid openfig date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter -into a formal agreement with the M1WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in-the- bid being considered non-responsive to bid specifications MNVBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Colfn, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Ter is the level ofsubcontracting below-the'prime contractor, i.e., a direct - payment from the prime contractor to a subcontractor is considered 13t:tier, a payment.by a subcontractor to its supplier is considered 2nd tier ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation(TX DOT), highway division. Disadvantaged Business Enterprise(DBE) is synonymous with MinorityMlomen Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the 'M1WBE listed owns and operates at least one fully licensed and operational truck to be used on the-contract. The-M1WBE may lease trucks from another _MMBE firm, including MiWBE owner-operators, and receive-full M/WBE:.cxedit The MIWBE may lease_trucks from non-MIWBEs, including owner.-operators, but-will-only;receive-.credit.fpr the Fees and commissions earned by the M/WBE as outlined in the lease agreement 17J�f v ciU LLL v � ��,� i RECEIVED JUN 2 3 2005 Ate"�e'2 of 4 Primes are required to identify ALL subcontractondsuppfiem,regardless of status;i.e.,Minority,Women and non-MIWBEs. Please fist MNVBE firms fast,use additional sheets If necessary. Certif cathm N o SUBCONTRACTOR/SUPPUER T (dwedc ons) n Company Name I N T Detail Detail Address a Y W C X -M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r g B T D W E E R O B C T E A n Walnut Hill Paint Company 2720 Royal Lane#172 Dallas,Texas 75229 ���� 972484-5800,fx 972484-5706 >" Jerry Hibbard,Sales 972-571-3580 1;'oAl,2k r/_6 11�/ /V/ 2 l� DATATO,fv Sanajon Corp. . 11�TiAL— 00 P.O.Bog 14118 /500. Arlington,Tx 76094 817-261-7073,fx 817-261-7073 Wendy Fritz,Sales Cowtown Traffic Control,Inc. 00 2724 Bryan Avenue Fort Worth,Texas 76104 �\ 817-924524, fx-817926-2725 ) Contact:Mrs.Moore . Fo"RT'!o'rx RECEIVED JUN 2 3 200TI''cp=iolfl 1 Primes are required to klentify At&subconiracMtWsupplim.regardless of staters;i.e.,Minority.Women and non-MNVBEs. i Please list MNVBE tins test,use additional sheets if necessary. Certification A (check one) c -, SU13CONTRACTORISUPPLIER T r Company Name i N T Detail Detail Adds e M W C x t Subcontracting Work Supplies Purchased Dollar Amount TelephonelFax r B a T D t E E R O f ;,... C T E A ATTACHMENT 1A •SORT WORT RECEIVED JUN 2 3 2005 Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-UMfBE Subcontractors/Suppliers $ 'TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ f / �(7 O"rhe Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through -the submittal of a Request for Approval of Change✓Additfon. Any unjustified change or deletion shall be a material breach of —contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MIWBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, _ complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractorstsupplierstoontractom participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. Autho ignature Printed Signature n Title Contact Name/Title(if differ 770q company Name _ Telepimne and/or Fax �53aZ7 d Address E-mail °77,9_� .. City/State/Zip Data i ATTACHMENT IB FORT�WORTH Page 1 of 1 �r City of Fort Worth RECEIVED JUN 2 3 2005. Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe Mme PROJECT NAME: , r MIW/DBE1.1 NON-MMf1DBE 641,64-e BID DATE a5 -- 93 - OZe 926 -26,614,;D City's MMBE Project Goal: PROJECT NUMBER If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you m s complete ATTACHMENT 1C. This form is only applicable if baW answers are yes. Failure to complete tt►is form in its entirety and be received by the Manattina i)eaartment on or befare`3:00 R.m:.five(S C&business days after-bid opemna a cclusi�%of the bid opening date,�nn11 result in>the bid being considered.:non-responsive to:bid specifications Will you perform this entire contract without subcontractors? YE If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and 2rovide an operational 2roffle of your business. _ Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s)on this contract,the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid_ The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MM/BEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three(3)years and for inflating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a 1 period of time not less than one(1)year. Authortzed Signature Printed signature Title Contact Namediftrent) 5 l`"/�i/�11-A a'� r�/(� ::,?g/-99/- 7709 -�"�?y FX- Company Name '� Phone Number Fax Number AddEma� aSAZ)e�W,4 , T.� &-a l-0 s c;ty/state2ip �� -7-7$03 Data RAS_rinn►nt RECEIVED JUN 2 3-2005 ATTACHMENT 1C Page 1 of 3 FORT WO T' City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe prime .� PROJECT NAME: MNV/DBELLtN411WMBE ' �/�//11�i✓ '/¢171���/DSS .0 GHAT/o�t/� BID DATE City's MMBE Project Goal: PROJECT NUMBER �. % - g.3- If you have failed to secure MM/BE participation and you have subcontracting and/or supplier opportunities or if your_ DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each Hem, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five(5)City business days.after bid opening,.exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity] for the completion of this project, regardless of whether It Is to be provided by a MNVBE or non-MNVBE. (DO NOT LIST NAMES OF FIRMPI On Combined Projects, list each subcontracting.and or supplier opportunity through the 2" tier. (use additional sheets,if necessary) List of Subcontracting Opportunities List of Supplier Opportunities 691/Il71-1v j' .5TEg-1- " /V z/w V ,� N�/fL RECEIVED JUN 2 3 26135 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3)months old from the bid open date)list of MNVBE subcontractors and/or suppliers from the City's MNVBE Office. f- Yes Date of Usting / 0 7 / DS No 3.) Did you solicit bids from M/WBE firths,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? Yes (Nm attach MIWBE mail Bsting to include name of firm and address and a dated copy of letter mailed.) _},e,No 4.) Did you solicit bids from MMfBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? -/—Yes (if yes,attach list to include name of WWBE firm,PeMon contacted,phone number and dab and time of contact) No ijiu0 ,MA-k NOTE: A facsimile maybe used to comply with either-3 or 4, but-may,not:be.used:for both, 1f:a-facsimile Is used,.attach;the fax :confirmation, -which.js to:-provide..-.MNVBE. name,.:da�a,,4kno falx number_and documentation faxed. NOTE: If the list of MNVBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of MIWBEs for a particular.subcontracting/supplier*ppor!unity:Is ton-119)or=mor9e, the._4"ger-.must:contact at:least,.two- thirds (2/3)-of41he-11st.withiq such__-a of opportunity, but:=not-less_.than ton ao .be:in.:compiiance with questions 3 and 4. 5.) Did you provide plans and specifications to potential MIWBEs or information regarding the location of pians and specifications in order to assist the MIWBEs? Yes No 6.) Submit documentation If MNVBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MIWBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes,the bidder will provide for confidential/n-camera access to and Inspection of any relevant documentation by City personnel. lease use additfonal sheets,ff necessa ,and attach. CompaU Name T hone Contact Person Sco a of Work Reason for Re 'on �y„y 77 RECEIVED JUN 2 3 2005 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation t paation on this projec , � AWA&Y2 The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. The undersigned certifies that the information provided and the NUWBE(s) listed was/were contacted in good faith. It is understood that any NUWBE(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 19 Title Contact Name and Title(if different) b*72S 4,?1- r 7 7e 9 Company Name� -,-- Phone Number Fax Number 09 3 7 P11V61- Addrrea EmaN Mdress 10 LA,0,?,-_ �i-,rte 77. 03 -US" City/State op Date CITY OF FORT WORTH, TEXAS DEPARTMENT OF TRANSPORTATION & PUBLIC WORKS SPECIAL PROVISIONS FOR: BRIDGE REPAINTING AT VARIOUS LOCATIONS (2005-15) PROJECT NO. GS93-020930260680 1. SCOPE OF WORK: The primary objectives of this project are to repaint the steel superstructures at N.W. 30th St./Marine Creek, Clinton Ave./Marine Creek, Meandering Rd./West Fork Trinity River; seal and paint bent caps at N.W. 301h St./Marine Creek, Clinton Ave./Marine Creek, Meandering Rd./West Fork Trinity River; and install deck drain down spouts at N.W. 30th St./Marine Creek and Clinton Ave./Marine Creek. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the bid and bid alternate which are considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. 3. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 4. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this contract. 5. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. At the sole discretion of the City, the City reserves the right to add, delete, or substitute locations in this contract. When the quantity of work to be done or materials to be furnished under any major pay item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised 8- 1 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. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and Department of Transportation and Public Works and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers' Compensation and all other insurance required by law or by ordinance. The Assistant Director of the Department of Transportation and Public Works or his representative will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced with the actual field cost as herein specified. Upon request, the Contractor shall provide the Assistant Director of Transportation and Public Works or his representative access to all accounts, bills and vouchers relating thereto. 6. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 7. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH 8-2 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 Department of Transportation and Public Works, 1000 Throckmorton Street, 2"a 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 Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 8. CONTRACT DOCUMENTS: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "nonresponsive" and rejecting bids or voiding contract as appropriate and as determined by the Assistant Director of the Department of Transportation and Public Works. 9. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10.TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. This traffic control plan shall be submitted for review and approval to Mr. Charles R. Burkett, City Traffic Engineer, Department of Transportation & Public Works, at least 10 working days prior to the pre-construction conference. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's time will begin in accordance with the time frame established in the Notice to Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign that has been erected by the City. The Contractor shall not install any sign on a city post, pole, or structure without first obtaining permission from the Engineer. if it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division 8-3 (phone number 817-392-8107), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. 11.PAYMENT: The Contractor will receive monthly payment (minus 5% retainage) from the City for all work generated within a pay period. Payment of the remaining amount shall be made with final payment and upon acceptance of the project. 12.DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. r 13.DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 8-4 14.DISPOSAL OF SPOIL1FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. No temporary storage of material, rubble, equipment or vehicles within Parkway is allowed. Damage to sodded/landscaped areas would be replaced at Contractor's expense to the satisfaction of City Engineer. 15.CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer prior to construction a schedule outlining anticipated time each phase of construction will begin and be completed, including clean up time. 162ONING REQUIREMENTS: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. t 17.QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the 8-5 concrete. The Contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in-situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 18.PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 19.SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a)A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department 8-6 shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 20.RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: 50 copies and under $0.10 per page. More than 50 copies $0.85 for first page plus $0.15 for each page thereafter. (d) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books, documents, papers and records of 8-7 such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 21.SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY: The Contractor shall be responsible for restoring the site to original or better conditions after completion of his operations subject to approval of the Owner. Replacement shall be in kind or better. At the Contractor's discretion, digital photos may be taken of existing conditions for documentation. The burden of proof as to pre-project site conditions is the sole responsibility of the Contractor. The Contractor shall immediately repair or replace any damage to private property, including but not limited to fences, walls, pavement, and water and sewer services, at no cost to the Owner. All costs for site restoration, repair or replacement to private property and documentation shall be considered subsidiary to the project contract price and no additional payment will be allowed. 22.EXISTING UTILITIES: (a) The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his operations. Contractor shall make all necessary provisions for the support, protection, relocation, and/or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and any other utilities and structures both above and below ground during operations. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all costs incurred for the protection and/or temporary relocation of such facilities shall be subsidiary to the contract amount. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. (b) Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction or better unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Owner at once of any conflicts in grades and alignments. u (c) In case it is necessary to change or move the property of any Owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Owner. The right is reserved by the Owner of s-s public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. 22.SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work to be performed under this Contract, the Contractor shall: (a) Comply with the safety standards provisions of applicable laws, building and construction codes and the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596 and subsequent amendments), and the requirements of Title 29 of the Code of Federal Regulations, Section 1910 or 1926 as applicable. (b) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. (c) The attention of the Contractor is directed to the Requirements (including permitting and recording) of the Confined Space Entry Regulations that are under OSHA. 23.CONFINED SPACE ENTRY PROGRAM: The Contractor shall produce a written document explaining the confined space entry program to be implemented on this program. At a minimum, the submitted program shall be in compliance with all applicable OSHA requirements regulating confined space entry. CONSTRUCTION NON-PAY ITEM No. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM No. 2 — PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property 8-9 If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. NON-PAY ITEM No. 3 — PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre- construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Engineer. However, contract time will start even if the project schedule has not been turned in. Contract start date will be outlined in the Work Order Notice. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. NON-PAY ITEM No. 4 — CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. PAY ITEM No. 1 - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of W fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 8- 10 PAY ITEM No. 2 — CLEAN PRIME AND PAINT STEEL SUPERSTRUCTURE 2.1 DESCRIPTION This Item will cover surface preparation, existing paint removal and repainting of steel superstructure of bridge and any attached utility lines. 2.1 MATERIALS All paints are required to comply with TxDOT SPEC. D-9-8100 and shall be purchased in open market. Approved materials are: • Sherwin-Williams rust penetrating Macropoxy 920 Preprime 1358T101/1358V1, • Sherwin-Williams Recoatable Epoxy Primer B67A5/B67V5 , • Sherwin-Williams Hi-Solids Polyurethane B65 300 series/1360V30 paint, and • Approved Equals 2.2 CONSTRUCTION METHODS Methods of surface preparation and repainting will be according to TXDOT 1993 Specifications (Item 446). 2.2.1 Cleaning. Contractor shall hand remove all loose corrosion to steel, primer and paint. Concrete columns and footings to which railings are attached, shall also be cleaned of rust stains and road oils. 2.2.2 Cleaning of Steel Structures. All steel surfaces to be treated under this contract shall first be power washed at a minimum of 3000 psi and 3-4 gpm water to remove foreign materials. Any paint placed on the surrounding concrete shall be removed immediately. Rigging and scaffolding shall be sufficient to make all of the work readily accessible for proper performance of cleaning and painting operations as well as proper inspection and measurement by the Engineer or his representative prior to and after each application of surface treatments. Contractor will be required to meet the rules and regulations for worker safety in a leaded environment. The rule and regulations include, but are not limited to the following: Contractor, at his expense, shall exercise the necessary precautions to contain refuse, dust and paint overspray generated 8-11 during cleaning and painting operations. Containment shall be such that all failing material is completely contained and collected daily and stored in appropriate containers at a site approved by the Engineer. Hazardous and non-hazardous refuse will be stored separately. Disposal of collected non-hazardous refuse shall be at the Contractor's expense and in accordance with Federal, State and local rules and regulations. The Contractor is responsible for the security of refuse until disposal is completed. Materials containing leachable hazardous metals shall be disposed of as in accordance with Federal, State and local rules and regulations, at the Contractor's expense. 2.2.3 Paint Removal and Disposal. The Contractor is responsible for compliance with applicable Federal and State regulations and industry standards when performing the work of paint removal, handling and disposal, including but not limited to: a. Removal of Lead Coatings: ANSI Z88.2, 29 CFR 1910, 29 CFR 1926, 30 TAC 106, and 30 TAC 111. b. Identification and Classification of Wastes: 40 CFR 260 —262, and 30 TAC 335. C. Transportation and Disposal of Lead Materials: 40 CFR 263, 40 CFR 268, 49 CFR 171 — 173, 49 CFR 178, and 30 TAC 335. d. Nuisance: 30 TAC 101.4 e. Dry Abrasive Cleaning: 30 TAC 106.452 f. Other Sources: 30 TAC 111.111 (a) (8) The Contractor is responsible for the control of waste material generated during the Project. The Contractor shall utilize a shroud/tarp in a manner that protects the surrounding environment and collects all waste material generated at the site. The type of shroud/tarp is to be approved of in advance, prior to use. Any shroud/tarp used during the Project shall be free of holes or tears and shall be anchored to the bridge. If one or more shrouds/tarps are utilized in series the seams shall overlap. Waste material shall be removed from the shroud/tarp 8- 12 frequently and waste material shall be stored in DOT approved 55-gallon steel drums. Waste generated from the project shall be stabilized using Portland Cement Concrete, (Item#408, City Specs.) in order to reduce leaching from the waste. By stabilizing in waste material, the resulting material should gain a Non-Hazardous Waste classification. All waste shipment manifests must be reviewed, approved, and signed by a City representative. The disposal site is to be approved of by the City, prior to any shipments. 2.2.4 Steel Primer and Paint. One (1) coat of Sherwin-Williams rust penetrating Macroproxy 920 pre prime B58T101/B58V1, or approved equal, shall be applied 2.0 mils DFT over entire steel surface. An additional coat of Sherwin-Williams Recoatable Epoxy Primer B67A5/B67V5, or approved equal, shall be applied 6.0 mils DFT to areas where bare metal is exposed. Two (2) coats of Sherwin-Williams Hi-Solids Polyurethane B65 300 series/B60V30 paint, or approved equal, shall be applied over primed surfaces at 3.0 to 4.0 mils DFT each coat. Color shall be dark green (color match Sherwin Williams Essex Green) and subject to approval of Engineer for Meandering Rd. bridge. Color shall be park green (color match Jones & Blair 5935 Green) and subject to approval of Engineer for Clinton Ave. & N.W. 30th St. bridges. The complete coating system shall be supplied by the same manufacturer and applied in accordance with manufacturer's specifications. If, after the final prime coat and before the appearance coat has been applied, time has lapsed such that road film from rain or other occurrences have contaminated the primed surface, the entire primed surface of the structure will be pressure washed using a biodegradable detergent and flushed with clean fresh water and thoroughly dried before application of the appearance coat. The Contractor shall secure from the paint manufacturer labor form LSB-OOS-4, "Materials Safety Data Sheet' for each of the coatings to be used on this project. 2.3MEASUREMENT Bridge Painting will be paid lump sum. 2.4 PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for bridge painting as specified. This 8- 13 price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 3 — CLEAN AND PAINT CONCRETE SURFACES: Defaced concrete surfaces shall be primed and painted with an acrylic paint. Color of such treatment shall be concrete grey. Materials and color be subject to Engineer's approval. Measurement shall be by square footage of concrete surfaces painted. Payment shall be made by unit cost bid for "Clean and Paint Concrete Surfaces." This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 4— CLEAN SEAL AND PAINT TOPS OF BENTS: Contractor shall first clean tops of all concrete bents and abutment bearing seats of debris, soot, and other foreign materials using power washing in the same manner prescribed for steel surfaces in Pay Item 8. The horizontal surfaces shall be sealed with one (1) coat of Sherwin-Williams Macropoxy 920 pre prime B58T101/B58V1, or approved equivalent, applied 1.0 to 2.0 mils DFT over entire surface. One (1) coat of Sherwin Williams A-100 Exterior Latex Satin paint, or approved equivalent, shall be applied to the horizontal surfaces and the upper six inches (6") of each bent or bearing seat. Color of such treatment shall be concrete grey. Bent and abutment bearing seat sealing and painting will be measured by lump sum. Payment will be made by unit price bid for "Clean, Seal and Paint Tops of Bents." This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 5 — RELOCATE AND PAINT EXISTING DECK DRAIN COLLECTION SYSTEM Contractor shall relocate existing deck drainage pipe to first bent within water line and extend the pipe vertically down bent. 5.1 DESCRIPTION Systems shall be constructed of Schedule 40 PVC, unless otherwise approved by Engineer. It shall be the Contractor's responsibility to submit sketches of each system and all relevant details for approval by Engineer prior to any system installation. 8- 14 5.2 PAINTING OF COLLECTION SYSTEM Any new sections of drainage collection systems above the bent caps at Meandering Rd./WFTR are to be primed and painted. All exterior surfaces of the system shall be prepared in accordance with manufacturer's recommendations. All exterior surfaces of the system shall be sealed with one (1) coat of Sherwin Williams Pro-Cryl Universal Primer, or approved equivalent, applied 2.0 to 4.0 mils DFT. One (1) coat of Sherwin Williams Sher-Cry[ HPA B66-300 series, or approved equivalent, shall be applied 2.5 to 4.0 mils DFT to all exterior surfaces. Such treatment shall be tinted dark green (color match Sherwin Williams Essex Green). 5.3MEASUREMENT This item shall be measured lump sum, installed and painted, where required. 5.4 PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement' will be paid for at the unit price bid for this item as specified. This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 6 — INSTALL DECK DRAIN DOWN SPOUT PIPES Contractor shall cleanout scuppers, install and mortar into place down spout pipes extending 4" below bottom of deck, and install a wire screen in scupper on top of deck. This item shall be measured and paid lump sum. This price shall be full compensation for all materials, labor, equipment, supervision, and related services. PAY ITEM No. 7 — SEAL SIDEWALK CONSTRUCTION JOINTS Contractor shall clean and fill construction joints in sidewalks where required. Joints shall be sealed with a silicone treatment to a minimum depth of 1/2 inch. Silicone sealant shall conform to TxDOT Special Specification 4454 and shall 8- 15 consist of a two-part, rapid curing, self-leveling, cold applied silicone material that cures to a low-modulus rubber upon exposure to atmospheric moisture. Treatment material shall be subject to Engineer's approval. Joints shall be cleaned of all joint seals, old expansion materials/devices, bituminous material, dirt, grease, and all other deleterious material. All joints must be dry, clean, and moisture free and prepared as recommended by the manufacturer. Sealant shall be mixed and placed in accordance with manufacturer's recommendations. Measurement will be made by linear feet of joints and cracks sealed. Payment will be made by the unit price bid for "Seal Sidewalk Construction Joints." This price shall be full compensation for all materials, tools, labor, equipment and incidentals required to perform the work described. PAY ITEM No. 8 —TRAFFIC CONTROL Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. This traffic control plan shall be submitted for review and approval to City Traffic Engineer, Department of Transportation & Public Works, at least 10 working days prior to the pre-construction conference. Measurement shall be lump sum. Payment shall be made by unit price bid for "Traffic Control." Such price shall be full compensation for all materials, labor, equipment, supervision, and related services. a'f'e 8- 16 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Bridge Repainting at Various Locations 2005-15 and City of Fort Worth Project No. GS93-020930260680. CONTRACTOR: By: Name: Title: Date: ze STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of 20 V00"", /22 "NRY Notky Public in and for the State of IP Texas ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID A DATE(MM/DDIYYYY) DMSPA21 08/24/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Elsey & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Surety/Insurance Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 21755 IH-45 North Bldg #8 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ISpring TX 77388 Phone: 281-651-0002 Fax:281-350-0281 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Scottsdale Insurance Co. 41297 DMS Painting IncINSURER B: Travelers Lloyds Ins Company 41564 . ATTN: Duane bartlow INSURER C: 5327 Pine Avenue INSURER D: Pasadena TX 77503 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE M/ Y-EFFECTIVE PDATE EXPIRATION N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY BCS0009950 03/18/05 03/18/06 PREMISES(Ea occurence) $50,000 ICLAIMS MADE rX]OCCUR MED EXP(Any one person) $EXCL ^I PERSONAL&ADV INJURY $1,000,000 2 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PROECT LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY- SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $2000000 B X OCCUR CLAIMS MADE UMS0017493 03/18/05 03/18/06 AGGREGATE $2000000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER B Lad/Rntd Equip QT-660-4262B88A 03/18/05 03/18/06 Per Item $75,000 JB Builders Risk QT-660-4262B497 03/18/05 03/18/06 Job Site $350,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: GS93-020930260680 BRIDGE PAINTING AT VARIOUS LOCS. (2005-15) , MEANDERING RD. , N.W. 30TH AND CLINTON AVE. Additional Insured (except Workers ( Compensation) and Waiver of Subrogation on all policies in favor of the City of Fort Worth, Texas, the city's officers, the city's employees, servants and representatives, as required by written contract. CERTIFICATE HOLDER CANCELLATION COFTWTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Ft. Worth,Texas DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Attn: C. R. Boswell NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City Manager IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 Throckmorton St REPRESENTATIVES. Ft. Worth TX 76102 AUTHOR( E EPRESENT ACORD 25(2001/08) r ©ACORD CORPORATION 1988 am CERTIFICATE OF INSURANCE ®ALLSTATE INSURANCE COMPANY []ALLSTATE INDEMNITY COMPANY ❑ALLSTATE TEXAS LLOYD'S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ® CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate is Issued Name and Address of Insured CITY OF FT WORTH TEXAS DMS PAINTING INC. CITY MANAGER C.R. BOSWELL 5327 PINE AVE. 1000 THROCKMORTON ST. PASADENA, TX 77503 FT.WORTH,TX. 77040 This is to certify that policies of insurance listed below have been issued to the insured named above subject to the expiration date indicated below, - notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions of such policies. TYPE OF INSURANCE AND LIMITS BUSINESS LIABILITY Policy Effective Expiration �– Number Date Date Limit Amount COMPREHENSIVE LIABILITY LIMIT $ EACH ACCIDENTAL EVENT FIRE AND SPECIFIED PERILS LEGAL LIABILITY LIMIT $ EACH ACCIDENTAL EVENT ADVERTISING INJURY LIABILITY LIMIT $ 100,000 MEDICAL EXPENSE LIMIT $ 5,000 EACH PERSON 25,000 EACH ACCIDENT WORKERS'COMPENSATION& Policy Effective Expiration EMPLOYERS'LIABILITY Number Date Date Coverage Limits WORKERS'COMPENSATION STATUTORY-applies only in the following states: EMPLOYERS' BODILY INJURY BY ACCIDENT $ EACH ACCIDENT LIABILITY BODILY INJURY BY DISEASE $ EACH EMPLOYEE BODILY INJURY BY DISEASE $ POLICY LIMIT AUTOMOBILE LIABILITY Policy Effective Expiration Number 48206506 Date 12/7/04 Date 12/7/05 Coverage Basis Limits ❑ANY AUTO ❑OWNED AUTOS ❑HIRED AUTOS Combined Single Limit of Liability BODILY INJURY&PROPERTY DAMAGE 1 $ 1,000,000 EACH ACCIDENT ®SPECIFIED AUTOS ®NON-OWNED AUTOS Split Liability Limits Bodily Injury Property Damage Each ❑OWNED PRIVATE PASSENGER AUTOS $ IPERSON ❑OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ i ACCIDENT UMBRELLA LIABILITY Policy Effective Expiration Number Date Date _ EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS-COMPLETED OPERATIONS AGGREGATE $ Is Is OTHER(Show Policy Effective Expiration �tpe of Policy) Number Date Date DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS NAMING THE CITY OF FORT WORTH,TEXAS, THE CITY'S OFFICERS,THE CITY'S EMPLOYEES, SERVANTS, AND REPRESENTATIVES AS ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION FOR THE CONTRACT GS 93-020930260680, BRIDGE PAINTING AT VARIOUS LOCATIONS(2005-15), MEANDERING RD, N.W. 30TH ST, AND CLINTON AVE. ` f.� CANCELLATION Number of days notice 10 j i 8/24/05 —� Aut orized Representative Date Should any of the above described policies be cancelled b ore the expiratpn date,the issuing company will endeavor to mail within the number of days to entered above,written notice to the certificate holder named above. But failure to mail such notice shall impose no obligatjon or liability of any kind upon the company,its agents or representatives. iT [[ ^ U10523-Customizer � w1WI '2Gyo ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MWDD/YYYY) G&AST-1 08/24/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ravens/Warren & Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ?. 0. Box 41328 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. iouston TX 77241-1328 Phone: 713-690-6000 Fax:713-690-6020 INSURERS AFFORDING COVERAGE NAIC# SURED INSURER A: Texas Mutual Insurance Company INSURER B: G&A Partners INSURER C: 4801 Woodwayy #210INSURER D: Houston TX 77056 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE 0 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO t (Ea accident) L ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ FOR HAUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE E OCCUR CLAIMS MADE AGGREGATE $ u� $ DEDUCTIBLE $ RETENTION $ $ JOTH- WORKERS COMPENSATION AND I ER A EMPLOYERS'LIABILITY TSF0001076234 02/23/05 02/23/06 E.L.EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1000000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 — OTHER i DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Employees of DMS Painting are insured under the referenced policy. Alternate Employer Ends. Applies. *SEE ATTACHED FOR COMPLETE DESCRIPTION. CERTIFICATE HOLDER CANCELLATION CITFTW1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Ft. Worth, Texas NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City Manager, C.R. Boswell IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 Throckmorton St. Ft. Worth TX 76102 REPRESENTATIVES. OR EP SENT IVE ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 1 1 DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between 1 the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. -� ACORD 25(2001/08) I r u. HOLDER CODE CTTFTWI G&AST-1 PAGE 3 INSURER'SNAME G&A Partners OP ID SZ DATE 08/24/05 Employeeb of DMS Painting are insured under the referenced policy. Alternate Employer Ends. Applies. Waiver of Subrogation in favor of the City of Ft. Worth, Texas, the city's officers, the city's employees, ,servants, and representatives for contract GS 93-020930260680, Bridge Painting at various locations (2005-15) , Meandering Rd, N.W.30th St. & Clinton Ave. with respects to Worker's Compensation. Bond# 4348896 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) DMS Paintings, Inc. , as Principal herein, and (2) SureTec Insurance Company , a corporation organized under the laws of the State of (3) Texas , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of One Hundred Sixty Nine Thousand, Nine Hundred Twenty Two Dollars and No Cents Dollars ( $169,922.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 4t' day of August , 2005, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of BRIDGE REPAINTING AT VARIOUS LOCATIONS (2005-15) Proiect No. GS93-020930260680. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 4a' day of August , 2005 DMS Painting. Inc. PRINCIPAL _ � � Y TTEST: By: ,,�� U� Name: A/ (Principal)Secretary Title: . / ;�1 (S E A L) Address: 5327 Pine Avenue Pasadena, Texas 77503 Wiiness as to Principal SureTec Insurance Company SURETY ATTEST: By: V Name: Edward L. Moor L - Secretary Attorney in Igaet.. (S E A L) Address: qz;g Fchn Lana;S1fitP A5q. _ Houston, Texas 77024 Witness as to Su�ety, Mary Mullins Telephone Number. (713) 812-0800 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. Bond# 4348896 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) DMS Painting, Inc. , as Principal herein, and (2) SureTec Insurance Company , a corporation organized and existing under the laws of the State of(3) Texas , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Hundred Sixty .Nine Thousand, Nine Hundred Twenty Two Dollars and No Cents Dollars ( , 169,922.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract.with the Obligee dated the 4t' day of August , 2005, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: BRIDGE REPAINTING AT VARIOUS LOCATIONS (2005-15) Project No. GS93-020930260680. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS.SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 0' day of Auqust , 2005. DMS Painting, Inc- PRINCIPAL EST: By: n Name: , (Principal) Secretary Title: (S E A L) Address: 5327 Pine Avenue Pasadena. Texas 77503 VAmss as to Principal SureTec Insurance Company TTS SURETY ATTEST: By: Name: Edward L. Moore,-: Bond## 4348896 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That DMS Painting, Inc. ("Contractor"), as principal, and, SureTec Insurance Comi2apy a corporation organized under the laws of the State of Texas ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas; the sum of One Hundred Sixty Nine Thousand, Nine Hundred Twenty Two Dollars and No Cents Dollars ( $169,922.00 ), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 4P of - August , 20 05, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: BRIDGE REPAINTING AT VARIOUS LOCATIONS (2005-15) the same being .referred to herein and in said contract as the Work and being designated as project number(s) GS93-020930260680 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term Of 2(Two)Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF,this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 41' day of August , A.D. 2005. DMS Painting, Inc. PRINCIPAL L TEST: 1 By: ' a� �42V� Name: (Principal) Secretary Title: )q6S,09A[T (S E A L) Address: 5327 Pine Avenue Pasadena, Texas 77503 V(affiess as to Principal SureTec Insurance Company SURETY ATTEST: By: Name: Edward L. Moore Secretary Attorney in Fact V (S E A L) Address: 952 Echo Lane, Suits_49— Houston, ^Houston, Texas 77024 - -- Witness as to Surety, pry Mullins Telephone Number: (713) 812-0800 NOTE: (1) Correct name of Principal (Contractor). (2) . Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. j� YL 1 POA#: 4221100 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston,Harris County, Texas, does by these presents make,constitute and appoint P" Sharen Groppell,Gary L.Timmons,Rosalyn D.Hassell,Roxanne G.Hebert,Edward L.Moore of Spring Texas its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances,undertakings or other instruments or contracts of suretyship to ^� include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/00 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confuming all that the said Attorneys)-in-Fact may do in the premises. Said appointment shall continue in force until 6/30/07 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. CdA N fi TECCE COMPANY s inu By: Cr wl Bill King, re nt State of Texas ss: �� County of Harris ». *j On this 20th day of June,A.D. 2005 before me personally came Bill Kng,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. Michelle Denny Notary N to * +� state Of Texas l t V1 G���/ / lC�✓r�'� Illy Commission Expires Michelle Denny,Notary Pubtfe August 27,2008 My commission expires August 27,2008 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set { out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Compaay at Houston,Texas this 4TH day of AUGUST ,20 05 ,A.D. Zh�,,&X •, _ = -1 L M.Brent Beaty,Assistant Se re ry ®==— Any instrument Issued in excess of the pen0ty stared at,ove islc*vti:w d and without any validity. "mor verification of the authority of this power;au mAy call(n4l§11-bb80 any business day between 8:00 am and 5:00 pm CST, SureTec Insurance Company Required Notices Rider Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, right or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 3 In accordance with the Terrorism Risk Insurance Act of 2002 (the"Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism"as defined in Section 102(1)of the Act is Zero Dollars($0.00): The United States will reimburse the Issuing Sureties for ninety percent(90%)of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. DMS Painting, Inc. Bond No.4348896 August 16,2005