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Contract 35649
mw CITY SECRETARY CONTRACT NO. r FORTWORTH Yo COPY FOR: w+ __,CONTRACTOR CONTRACTOR'S BONDING 00. CITY SECRETARY .,,.,_CITY MANAGER'S OFFICE SPECIFICATIONS ENGINEERINGDIV AND TIPW•FILE COPY CONTRACT DOCUMENTS - WEST FIFTH STREET STORM DRAIN SEDIMENT REMOVAL PROJECT NO. PE69 531200 0209206 DOE NO. 5652 *��Pf• •••°�9cS rlr •S *r1 APRIL 2007 r CANNON R. HENRY r i 93 r jet'9'• j1���•S�� E N f0 p 1�111 l0 7 MICHAEL J. MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER r, a ROBERT D. GOODE, PE 0%� IAL RECORD DIRECTOR OF TRANSPORTATION �ATf licklyAlW r AND PUBLIC WORKS DEPARTMENT "ITHI TEX, ORIGINAL r M&C Request Review Pagel of 2 City of dart Warty El Intranet www.cfwnet.o la(lgT�VURT H rg .� Home I Council Agenda I MAC I Employee Directory I ACToftyOnline I Departments Print M&C COUNCIL ACTION: Approved on 7/17/2007 DATE: 7/17/2007 REFERENCE NO.: ""C-22248 LOG NAME: 20W5THSTREET CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Contract with RKM Utility Service, Inc., for the West Fifth Street Storm Drain Sediment Removal RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with RKM Utility —� Service, Inc., in the amount of$281,175.00 for the West Fifth Street Storm Drain Sediment Removal. DISCUSSION: The Storm Water Management program was established to reduce flooding in Fort Worth, preserve streams, minimize water pollution and to operate the storm water system in a more effective manner to fully comply with state and federal regulatory requirements. This will be accomplished by infrastructure reconstruction and system maintenance, master planning, enhanced development review, and increased public education and outreach. -- The work to be performed under this contract consists of the removal of approximately 800 tons of storm drain sediment and all other miscellaneous items required to clean various storm drain pipes along West Fifth Street. One bid was received on May 17, 2007,from RKM Utility Service, Inc., in the amount of$281,175.00. Due to the specialized nature of the work to be performed, the pool of qualified contractors with the necessary equipment is limited. Staff has reviewed the bid and believes the amount is reasonable for the work to be performed. The estimated length of this project is 45 days. This project was advertised in the Commercial Recorder on April 12 and April 19, 2007. RKM Utility Service, Inc., is in compliance with the City's MI BE Policy by committing to 15 percent MI BE participation. The City's goal on this project is 15 percent. In addition to construction costs, funding in the amount of$9,700.00 is required for inspection and $14,059.00 is required for contract contingency. The project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that Funds are available in the current operating budget as appropriated, of the Storm Water Utility Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE69 531200 0209206 304 934.00 http://www.cfwnet.org/council vacket/mc review.acn?refn,,m—r-'71?AQ M&C Request Review Page 2 of 2 Submitted for Ci Mana er's Office bv: Marc Ott (8476) Originating Department Head: 'Robert Goode (7804) Additional Information Contact: Cannon Henry (2587) ATTACHMENTS .r • http:l/wvvw in i x+ .cfwuet.org/councilk�tlmc review.asp2refnum=C-222A�R CITY OF FORT WORTH DEPARTMENT OF ENGINEERING DESIGN SERVICES DIVISION ADDENDUM NO. 1 WEST FIFTH STREET STORM DRAIN SEDIMENT REMOVAL PROJECT NO. PE69 5311200 0209206 DOE NO. 5652 RELEASE DATE:May 11,2007 INFORMATION TO BIDDERS: The Specifications and Contract Documents and Plans for the above mentioned project is to be amended as follows: 1. In the Proposal,amend the contract duration from 30 working days to 50 working days. For clarifications purpose only: A portion of Item 12 of the Special Provisions has been included within this addendum: "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. " it Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. RECEIPT ACKNOWLEDGED: tz as Robert D.Goode,P.E. Director,Department of Transportation and Pub ' Works ,,... By Don McChesn ,I.E. .• Engineering Manager Department of Transportation and Public Works-Storm Water Management r1 TABLE OF CONTENTS 1. NOTICE TO BIDDERS 2. SPECIAL INSTRUCTIONS TO BIDDERS 3. PROPOSAL 4. VENDOR COMPLIANCE TO STATE LAW 5. 2006 PREVAILING WAGES FOR CONSTRUCTION PROJECTS 6. COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE LAWS 7. MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS 8. ATTACHMENTS (SITE MAP AND PROJECT SIGN DETAIL) 9. SPECIAL PROVISIONS 10. CERTIFICATE OF INSURANCE ,w 11. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 12. MAINTENANCE BOND .. 13. PAYMENT BOND 14. PERFORMANCE BOND 15. CITY CONTRACT T U NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following: WEST FIFTH STREET STORM DRAIN SEDIMENT REMOVAL PROJECT NO. PE69 531200 0209206 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., May 17, 2007 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be purchased for twenty dollars ($20.00) per set at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. These documents contain additional information for prospective bidders. A pre-bid conference will be held at 9:00 A.M., May 10, 2007 in the Transportation Public Works Conference Room 270, 2"d floor, Municipal Building. Bid security is required in accordance with the Special Instruction to Bidders. Bidders are hereby informed that the Director of the Department of Transportation Public Works reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the M/INBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 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) 871-7910. 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 aw 1 - 1 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 Cannon R. Henry, PE at (817) 392-2587 or Steve Eubanks, PE at (817) 392-7857. CHARLES R. BOSWELL MARTHA HENDRIX CITY MANAGER CITY SECRETARY Robert D. Goode, P.E. Director, Department of Transportation and Pub' Works By % Do McChesne , Engineering Manager Department of Transportation and Public Works - Storm Water Management Advertising Dates: April 12, 2007 April 19, 2007 1 -2 - 2 - SPECIAL INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary.of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re- advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the Contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. All contracts shall require a Maintenance Bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. 8. WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Transportation and Public Works Director for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10.INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers' Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non-owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than workers' compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees LL 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. "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. 12. MINORITYIWOMEN BUSINESS ENTERPRISE: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with Documentation) and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor must meet the terms of the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide a brief explanation. 0 The Contractor shall provide the M/WBE Office proof of payment to the MNVBE subcontractors and suppliers only. The MNVBE 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 MNVBE Office should be notified. • If the Contractor wishes to change or delete an MNVBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the MNVBE Office explaining the request for the change or deletion. 2. If the change affects the committed MNVBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the MNVBE 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 MNVBE Office with a Final Summary Payment Report Form to reflect the total participation from ALL (MNVBE and non-MNVBE's) subcontractors/suppliers utilized on the project. All forms are available at the MNVBE Office, 3rd floor - City Hall. For additional information regarding compliance to the MNVBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed. by a_____ Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13.AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14.PAYMENT, FINAL PAYMENT PROJECT ACCEPTANCE AND .. WARRANTY: The Contractor will receive full payment (less 5% retainage) from the City for each pay period. Payment of the retainage will be made with the final payment upon acceptance of the project as being complete. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the Contractor and the City. The warranty period shall begin as of the date that the final punch list has been completed. 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 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 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 IF compliance with Workers' Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in R _ 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City: 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 F the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, -- form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project to: 1) Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; ` 2) Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) Obtain from each other person or entity with whom it contracts, and provide to the Contractor: a) a certificate of coverage, prior to the other person or entity beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) Retain all required certificates of coverage on file for the -�, duration of the project and for one year thereafter. 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 now 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 coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE w "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, - . hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17.AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18.DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's . _ alleged failure to comply with the ADA in the performance of this contract. - 3 - PROPOSAL PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: Charles R. Boswell Fort Worth, Texas City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the vacuum, cleaning and removal of storm drain sediment within the storm drain system along West Fifth Street and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: WEST FIFTH STREET STORM DRAIN SEDIMENT REMOVAL PROJECT No. PE69 531200 0209206 Pursuant to the foregoing "Notice to Bidders", the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, specifications and the site, understands the amount of work to be done, and the prevailing = conditions, hereby proposes to do all the work and furnish all labor, equipment, and material except as specified to be furnished by the City, which is necessary to fully complete 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; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the '� following sums, to-wit: PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place,the following items) - 1. 2 EA. PR��---� N SIGNS Dollars & $ 300.00 $ 600.00 ,mow Cents Per EA. 2. 1 LF PJF Q.1�CT MO ,ILI t ollars & $ � Cents Per LF. 3. 1,075 LF 84" ARCH PIPE STORM DRAIN CLEAN,II�jG, $��_ $S� - Dollars & W -44Z Cents Per LF. 4. 100 LF 84" SIPHON -ARCH PIPE STORM DRAIN LEANT $ /gO $ �qoz Dollars & LCen s Per LF. 5. 900 LF 72" CONCRETE PIPE STORM DRAIN CLEANINg $ $ 34� Dollars & Cents Per LF. so 6. 650 LF 66" CONCRETE PIPE STORM DRAIN CLEANQJG $ _ $ -P�("Ozvo Dollars & Cents Per LF. 7. 700 LF 54" CONCRETE PIPE STORM DRAIN CLEANING $ $� Dollars & Cents Per LF. 8. 1,000 LF 48" CONCRETE PIPE STORM DRAIN CLEANI � $� $��-� � � Dollars & /Y� Cents Per LF. PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 9. 800 TON STORM DRAIN S DIMENT DISPOSAL Dollars & $ $ d-6066 Cents Per Ton 10. 1 LS PROJECT T N ETY Dollars & $ 5-2yb $ 507D_ —2) Cents Per LS. 11. 1 LS CO FINE E EN Y PLAN jkP Dollars & $ InY6 $ /964vp Cents Per LS. 12. 1 LS TRAFFIC CO TR P Dollars & $ -6 $ ,-A'D Ica Cents Per LS. 13. 4,075 LF PRE-CLEANING TELEVISION INSPECT N OF STORM SEWER $ 7� _�i1•P Dollars & r Cents Per LS. 14. 4,075 LF POST-CLEANING TELEVISION INSPEgILON OF STORM SEWERdid $� $ .�ls�J Dollars & Cents Per LS. o9 TOTAL AMOUTN OF BID$ aP/ PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. VM The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within Thirty (30) Working Days after beginning construction as set forth in the written work order to be furnished by the Owner. (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) ( d�f� Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted: e Contractor ^ M By Address Telephones (SEAL) Date a - 4 - VENDOR COMPLIANCE TO STATE LAW rtn ffl no VENDOR COMPLIANCE TO STATE LAW on 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 too 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: . By: (Please print) Signature: C)rc� '/� `�S �-a-� Title: City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION - 5 - 2006 PREVAILING WAGES FOR CONSTRUCTION PROJECTS V �?tp ¢ 'vr ''° > ., ' ,' swva 4 �y[]��'jr - ' -' r t5d-��''t r*r 5y�.�j9Cj■y ,]/� � �' - a �.a�a�,' n-,>„iA .r� ,-., + ..l 'f A nllMl i .v 2� �� il •iVYf" 3 p. f}"$ ..':: Yr.P" 'T q+< T"i v rc r Classifications Hourly Rates Classifications Hrly Rts Air Tool Operator $10.06 Scraper Operator $11.42 Ew Asphalt Raker $11.01 Servicer $12.32 Asphalt Shoveler $8.80 Slip Form Machine Operator $12.33 Asphalt Distributor Operator $13.99 Spreader Box Operator $10.92 mm Asphalt Paving Machine Operator $12.78 Tractor operator, Crawler Type $12.60 Batching Plant Weigher $14.15 Tractor operator, Pneumatic $12.91 Broom or Sweeper Operator $9.88 Traveling Mixer Operator $12.03 + Bulldozer operator $13.22 Truck Driver-Single Axle (Light) $10.91 Carpenter(Rough) $12.80 Truck Driver-Single Axle(Heavy) $11.47 Concrete Finisher- Paving $12.85 Truck Driver-Tandem Axle Semi-Trailer $11.75 -- Concrete Finisher-Structures $13.27 Truck Driver- Lowboy/Float $14.93 Concrete Paving Curbing Mach. O er. $12.00 Truck Driver-Transit Mix $12.08 Wagon Drill, Boring Machine, Post Hole Concrete Paving Finishing Mach. O er. $13.63 Driller $14.00 Concrete Paving Joint Sealer O er. $12.50 Welder $13.57 Concrete Paving Saw O er. $13.56 Work Zone Barricade Servicer $10.09 Concrete Paving Spreader O er. $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe, Derrick, Dra line, Shovel $14.12 Electrician $18.12 Fla er $8.43 Form Builder-Structures $11.63 Form Setter- Paving & Curbs $11.83 Foundation Drill Operator, Crawler Mounted $13.67 Foundation Drill Operator, Truck Mounted $16.30 Front End Loader $12.62 Laborer-Common $9.18 Laborer- Utility $10.65 Mechanic $16.97 Milling Machine Operator, Fine Grade $11.83 Mixer Operator $11.58 Motor Grader Operator Fine Grade $15.20 Motor Grader Operator, Rough Oiler $14.50 - Painter, Structures $13.17 Pavement Marking Machine O er. $10.04 Pipe Layer $11.04 Roller, Steel Wheel Plant- Mix Pavements $11.28 Roller, Steel Wheel Other Flatwheel or y Tamping $10.92 Roller, Pneumatic, Self-Propelled Scraper $11.07 Reinforcing Steel Setter(Paving) $14.86 �, Reinforcing Steel Setter Structure $16.29 -'" t 9 WA Y b x 117V �1�Ql�t �li1t 1 c a ark �' ' •V dey 4 \ 3 F. £ 11i'f Classifications Hourly Rates Classifications Hourly Rates Air Conditioning Mechanic $17.55 Sheetrock Hanger $13.37 �+ it Conditioning Mechanic Helper $10.74 Sheetrock Hanger Helper $9.48 Acoustic Ceiling Installer $14.26 Sprinkler System Installer $17.86 Acoustic Ceiling Installer Helper $10.53 Sprinkler System Installer Helper $13.33 ... Bricklayer/Stone Mason $19.29 Steel Worker Structural $16.20 Bricklayer/Stone Mason Helper $13.07 Steel Worker Structural Helper $11.71 Carpenter $15.76 Welder $15.88 ar enter Helper $11.69 Welder Helper $11.25 oncrete Finisher $14.29 oncrete Finisher Helper $10.09 oncrete Form Builder $12.16 Concrete Form Builder Helper $8.81 Drywall Taper $13.25 Drywall Taper Helper $8.00 Electrician Journeyman $19.79 Heavy Equipment Operators Hourly Rates Crane, Clamshell, Backhoe, WOO Electrician Helper $12.95 Derrick, Dra line, Shovel $16.07 Electronic Technician $20.06 Forklift Operator $12.62 Electronic Technician Helper $12.27 Foundation Drill Operator $17.55 "wo Floor Layer(Carpet) $15.17 Front End Loader Operator $13.27 Floor Layer Resilient $15.94 Truck Driver $12.66 Floor Layer Helper $11.00 Glazier $14.35 Glazier Helper $10.32 Insulator Pie $15.05 Insulator Helper Pie $10.12 Laborer Common $9.21 Laborer Skilled $11.59 Lather $15.94 Lather Helper $11.12 Metal Building Assembler $14.29 Metal Building Assembler Helper $9.33 Painter $12.86 Painter Helper $8.66 4 Pi efitter $18.22 Pi efitter Helper $12.90 Plasterer $16.16 Plasterer Helper $9.98 Reinforcing Steel Setter $13.00 Roofer $15.33 Roofer Helper $10.24 Sheet Metal Worker $15.73 Sheet Metal Worker Helper $10.53 - 6 - COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE LAWS Compliance with and Enforcement of Prevailing Wage Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258,Texas Government Code(Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31 s`day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or .. subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts .. claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph(c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. (e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pay Estimates. With each partial payment estimate or payroll period,whichever !' is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (g) Postingof f Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a)through(g)above. now now - 7 - '" MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS tom_ MAI -,-MR 11 w�..� ow C4 y d vgco +' -� p �� m => `.-�;�;! � u � � as .►. aLi '�s 1►_ � � sm o ca o Q- poi d 3 a a, 00 ID CM C�! V ram. O 4�+ O� _ W L. _ CD W 'CJ a'Ci V p IL asa1 V O N , �Q j a co arli. W'-f F� cmA m O O m co a o as ao ca cc .pwy 4 .i7 a1 C U � eke t^mil 4D 16 ej d v -s r:•:.I s R• E ram- E- Cs V ai m N_ ww —al �' �ti !-_. !, `' km � ' •• a ...."s •. �Cc:':i•-'tip-, -a0+ -:7"' b�:iwT .e,-...:,:r '4i•:'..npr� — L'd 617 W-GWL 68 �a14�8 !a d l9 O=L© W r - FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the MNVBE goat is applidabid. If the total dollar value of the contract Is less than$25,000,the MNVBE goal is not a2ellbable.. _ POLICY STATEMENT it is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises(M/WI3E) in the procurement of all goods and 'ces to the City on a Business Enterprise Ord nancei apply to this bidrements and regulations stated in the City's current Minority and Women M/WBE PROJECT GOALS The City's MIw8E goal on this project is�--of the total bid(Base bid applies to parks and community Services), COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's MNVBE Ordinance by either of the following: 1. Meet or exceed the above stated MIWBE goal, ar 2, Good Faith Effort documentation, or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUiR-�-D DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated,in order bid to be considered responsive to the specifications. ' h ''d for the entire - fh t3h t�tF,l�,ijlr lttt� 6 i; ,r bb.evl8ri► tflf.t t . itrd°ii1 1. Subcontractor Utilization Form, If goal is received by S:Ob p.m., five (5) City business days after the bid met or exceeded: o enin date,exclusive of the' '- ----ing date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date,exclusive of the bid opening date. .� sated oal: received by 5;Ob p.m., five (5) City business days after the bid 3. Good Faith Effort and Subcontractor Utilization Form,if no M/WBE artici ation: apenin date,exclusive of the bid openingdate. 4. Prime Contractor Waiver Form,if you will received by 5:00 p.m., five (5) City business days after the bid rm all subcontractin !supplier wark: _ e ning date, exclusive of the bid opening date. perfo 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed oal. o erring date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'$MMME ORDINANCE,WILL RESULT IN THE t31U BEING CON8113EREb NON-RESPONSIVE TO SPECIFICATIONS 104, Any questions, please contact the MNVSE Office at(817)392-16 Rev.11111IDS ATTACHMENTiA Page 1 of 4 FOR-r WOE City of Fort Worth SubcontractursiSu tiers Utilizafiion Form Check applicable block to describe prime PRIME COMPANY NAMiE: - pp/WlpgE NON-MM►lDBE PROJECT AME: lair)DATE L S� ➢ A) NUMBER Prime's MlwBE ProjQct Utillzation: City's M/W8E Project Goal. � ✓' % Identify all subcontractors/suppliers you will use on this project ing Failure to complete this form, in its entirety with requested des after bid opening, exelusiveof bid oped received by the ning d�ti:~, Department on or before 5:00 p.m. five (5) City busmen Y wilt result in the bid being Considered nan-responsive to bid specifications. fisted in this The undersigned Offeror agrees to a xecution of s contract withwithnthe City of Ft with the o gWarth is intentivnai utilization schedule, conditioned upon of fads is grounds for consideration of disqualification and will result in the and/or knowing misrepresentation bid being considered non-responsive to bid scifications ine MNV6Es listed toward meeting the Project goal at the time of bid.ust be ated in the Marketplacens the geographic area eopTarrant, lace or currently doing business in the mark p Parker, Johnson,Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. .. [Id-entifyeadh Tier level. Tier is the level of sbcontract)negredel8tieheaprime paymntnbyatsuboritractarto yment from the prime contractor to a subcontractor is consld supplier is considered 2`d tier i ALL M/WBF-s MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time the bid dorth opening within the MarkRegetplace, that have been determined to be bonafide minority or women businesses byD h , highway division. Disadvantaged Business ation Agency (NCTRCA), or the Texas Department of Transportation (7X ) g Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(MIWBE). Fhaulingservices are utilized, the prime wily be given credit as long as the MNVBE listed owns and least one fully licensed ail!dingM/WBEro neroperators, and rec be used on the tract, The MJWBE ve fll MBE cedt,Iease The another MNVBE firm, inclu gy lease trucks from nan-M/W BEs as clutdnoonthe-lease a rs, butwmentillonly.receive credit.for the mmissions eamed b the M/W Rev_5130/03 ATTACHMENT IA Paga 2 or 4 FoxT_ WoxrTH Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-MNVBEs. Please list MBE firms first,use additional sheets if neCessary. Certification N (check one o SUBCONTRACTORISUPPLIER T N T n Detail Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address a M W T D W Telephone/Fox r E R 0 B C T E A Gu Av 710/7 0?02� t 0 c-, .9,7 47- 7W(p r z145- 615g1W �14e- 00 fol JP- 716 �i7 � r Rev.5/30103 ATTACHMENT 1A Page 3 of 4 i Fa>z » Primes are required to Identify ALL subcontractoMfsuppliers,regardless of status;I.e.,Minority,Women and non-MNVBEs. Please list M/WBE firms first,use additional sheets if necessary. CertificeNon N 0 (criedc one? n SUBCONTRACTORISUPPLIER T Detail Detail Company Name l N X M Subcontracting Work Supplies Purchased Dollar Amount Address B M W T U Telephone/Fax r E E R O 8 C T E A Rev.5/30103 ATTACHMENT 1A Page 4 of 4 Fola_ T W�H _ 9 Total Dollar Amount of M/WBE Subcontractors/Suppliers 0U o� Total Dollar Amount of Non-MIWBE Subcontractors/Suppliers TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORSISUPPLIERS $ Z_�a The Contractor will not make additions, deletions, or substitutions to this certified list with6ut the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request far Approval of Change/Addifi6n, 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 MNVBE 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/1!V/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local caws concerning false statements. determination of of anilure t�responls irreh this sponsible an'nance d barrednf omeate a material participating in breach of contract may result City work for a period of time not less than one (1) year. Prrr�ti+d Sign�tut� Authorize gnatura p N CarrtBot NarnelTttle(lf dlffmrent) Company Name 7eteph a e tur Sax AdOMSS 13 date cityistatelzip Rev.5/30103 ATTACHMENT 18 FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Farm Check applloable block to describe PRIME COMPANY NAME: rime MAVIDBE NOWMWDBE liRoiECT NAME: BID DATE City's MANSE Project Goat: PROJECT NUMBER if both answers to this form are YES, do not complete ATTACHMENT a1C Good Faith the answer t)eithell questions westquest soon n this form must be completed and a detailed explanation provided, plica l answers are es. NO, then you must complete ATTACHMENT 1 C. This form is only applicable §pLh Y Failure to complete this foam in Its atttirety and be recalvea.by the Manacting Dets�it ttl�Ht dti dr befa�rb; �D .m. five .5)City busi ags da s after bid.o enl ,excluMVe of the bld bpeitirrg date;vuifi resu[t in the.bid being conldared n'tin Yesponsi�e to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES if yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s)on this contract,the payment therefore and any proposed changes to the original MIINBE(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 MNVBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of factssill be grounds for tenon utiiderthe contract or State debarment from Clty work for a period of not lessfailure toan @co(m)I with this ordinances creates a material breach of or Local laws concerning false statements. Any comply 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 ear. Autlior�a'rd�c printed Sic,Jriature Contact Name(if different) Title Ptio+ie NJrrtber Fax Number ctx�ry tea Eric Addre99 Ad�resa Date G`ityrl9tb![Miry Rev.5/30103 ATtACHMENT 1C Page 1 of 3 FORT WORTH City of Fart Worth .� Good Faith Effort Form Check applicable block to describe FPRiMF:-coMPANY NAME: rimeMNV/DBE NON-M1WlDBE ECT NAME: BID DATE Gity's mr"E Project Goal: PROJECT NUMBER 1f you halve falled to secure MIWSE participation and DBE particlp yh v glor suppleopportanitles or if.your piete thisemt Won is less than the City's project gas,you mstGm sed upon demonstration of a If the bidder's method of compliance with the MNVBE goal Is ased accurately preparing and "good faith effort", the bidder will have the burden of correctly submitting the documentation required by the City. Compliance with each item, 9 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 ]bid >Vlanaging Department on or before 5:00 p.m.five(5)City business days after bid opening,exCluslva of opening date,will result In the bid being considered non-respond-lve to bid spBctftcatir7>ta, and every subcontracting and/or supplier opportunityl for the completion of thi 1,) please list each oject, regardless of whether it is to be provided by a MIINBE or non-MIWBE. (00,N0 NOT uLISNAMES pr the pr FIRMS On Combined Projects, list each subcontracting and or supplier opportunity 9 2" tier. (Use additional sheets, if necessary) i opportunities List of Supplier Opportunities List of Subcontracting pp Rev,0 ►30103 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3)months ld f�Ofthe ebid open date)list of M/WBE subcontractors and/or suppliers from the City Date of Listing Yes No 3.) Did you solicit bids from MIME firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (if yes,attach MIWSE mall listing to Include name of firm and address and a date copy of letter mailed.) No 4.) Did you solicit bids from M[WBE firms,within the subcontracting a ex/or supplier the daypre iouslare listed,at least ten calendar days prior to bid opening by telephone, opened? Yes (It yes,attach list to include name of MiWBE firm,parson contacted,phone number and date and time of contact) NOTE; A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile ation, which is to provide M/WBE name, date, ttlrie, is used, attach the fax confirm fax number and documentation faxed. ridder If the list of prIIWBEs for a particular subcontracting/supplier opportunity Is ten (id) or less, the must contact the entire list to be in compliance with questions 3 and 4. if the list of Mlvill3Es'far a .. ar subcontractinglsupplier opportunity is ten (1-0) or more, the bidder must conttict at least two- 213) of the list within such area of opportunity, but not less than.ten to lie in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) Submit documentation if M1WBE 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 in-camera access to and inspection of any relevant documentation by City personnel. p/ease use additvio ecassary,and attach. Corn an Name Tele hone Contact Person scope of Work Reason for Rejection Rev.MUM - ATTACHMENT I Page 3of3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MIWBE participation on this project, -/X r , 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 llll/wBE(s) listed was/were contacted in good faith. It is understood that any M/wBB(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's IVI/WBE Office. Authorl d signature Printed Signature �► _L. Contact Name and Title(if different) Title company Name Phone Number Fax Number Email Address Address 0 ? Date Cityt$tat p Rev.05/30/03 F Joint Venture Page t of 3 FORT WORTH CITY OF FORT WORTIR Joint Venture Eli ),Jbifity Form All queadons nursl he answcrcd;+tee"NA"if opp/lcabl& Name or City project: A JOUR vIMmFMI"ff lttbcwinpl onsd lMOM UP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Vcnture Address: — (If applicable) Facsimile: E-mail address: Telephone: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets it addltional space is required to provideture ndefon explanations of work to be Performed by each firm comprlsfng the Non-M/WBV, 9/W[1E firm firm name: name: l3uginCSS AddicaA: Business Address: City,StatC,7.•ip= City,549tc,Zip: Tcicphnnc Facsimile G-mail Telephone Facsimile Cellular Ccitular E-mail address (;crtificAti0n Stratus: = Name of CortifyinRAgency: 2. Scope of work performed b the Joint Vcrttttre: Describe the scope of work of the non-MIWBE: Describe the Scope of work of the M/WBE: Rev.5/30/03 Joint Venture page 2 of 3 3,What is the percentage of lyj/WBE participation on this joint venture th$t you wish to be counted toward meeting the project goal? _ 4.Attach a copy of the joint venture Agreement. List components of ownership of joint Venture: (Do not complete tftl�information is descrilmd to joint venture agreeme+rt) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6.Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-to-day tnanagentcnit and decision making of tite joint venture: Financial decisions (tn include Account payable and Reccivsble): Management decisions: a. Estimating b..."Xr eting and Sales -- --•------------------ C. --.1 firing and Firing of management personnel d,- purchasing of major equipment and/or supplies Supervision of field operations int venture The City's Minority and Women Business Enterprise office pvvlll review your ard the goal for the project listedlonahis will have final approval and of the M1WB�Percentage applied form. NOTE: articipants,the individually defined scopes of work or the dollar From and after the date of project award, K any of the roved information, then the participants must inform the City's amountsipercentas�es change from the originally sPP MN�RE pft;pe immediately for approval. Any unjustified change or deletion shall be a material breach of contract an may result in debarment in accord with the procedures outlined in the City's MNVBE Ordinance. Rev.5/30/03 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the tight to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful m_i_s_re_vresentation of facts. _ ..._. �___� _........ Name of 1vl%WDE frm Name of non-M/WBE firm Printed Namc of Owner Printed Namc of Owner signature of Owncr Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner 'fitic T'itic Datc Datc Notarization State of County of On this day of ,20 before me appeared and to me personally known and who,being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public PrintNertse Notary Public S I gnFLurtc Commission Expires (seas Rev.5130/03 i _ 8 SPECIAL PROVISIONS CITY OF FORT WORTH, TEXAS DEPARTMENT OF TRANSPORTATION & PUBLIC WORKS SPECIAL PROVISIONS FOR: WEST FIFTH STREET STORM DRAIN SEDIMENT REMOVAL PROJECT NO. PE69 531200 0209206 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the removal of approximately 800 tons of storm drain sediment and all other miscellaneous items of construction to be performed as outlined in the Specifications that are necessary to satisfactorily complete the work. 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 which is 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. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of work to be done or materials to be furnished under any major pay item of the contract is more than 125% of the quantity stated in.the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its 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 8 - 1 F 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. 5. 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. 6. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Transportation and Public Works, 1000 Throckmorton Street, 2"d Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the 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. 8-2 7. 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. 8. 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. 9. 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. 10.DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City 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. 11.DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 8-3 F 12.DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), 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. 13.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. 14.ZONING 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. 15.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 -4 F 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 F 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. F (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. 16.PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 17.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 -5 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). 18.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 $0.10 per page. under More than 50 $0.85 for first page plus $0.15 copies for each page thereafter. (d) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books, documents, papers and records of 8 -6 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." 19.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. 20.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. (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 8 -7 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: i. 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. ii. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. iii. 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.MANHOLE EXPOSURE: When it is necessary to expose manholes in unpaved areas or under asphalt pavement, the Contractor shall expose the manholes in order to have access for line or manhole cleaning. Manhole exposure less than one (1) inch deep in asphalt pavement or less than twelve (12) inches deep in unpaved areas shall be considered subsidiary to the unit prices bid on this project and the Contractor shall notify the Engineer of any manholes thus exposed. For manholes greater than three (3) inches deep requiring exposure, the Contractor shall immediately contact Gordon Couch by fax at the City of Fort Worth Street Services Divisions at (817) 871-8979 or 817-996-0447 and Steve Eubanks at the Fort Worth Transportation and Public Works Infrastructure Division at (817) 392-7857 with the storm drain station and/or address and action required. The City shall expose all manholes not conforming to the criteria outlined above. Manholes exposures provide by the contractor for those manholes exposed that were buried less than twelve (12) inches deep under unpaved areas or less than one (1) inch in paved areas shall be considered subsidiary to the project contract price with no additional compensation allowed. 24.FLOW CONTROL PRECAUTIONS: When flow in storm drain line is plugged, blocked, or bypassed, sufficient precautions must be taken to protect the storm drain lines from damage that might result from storm water surcharging. Further precautions must be taken to ensure that storm water flow control operations do not cause flooding or damage to public or private property being served by the storm drains involved. The Contractor shall be solely 8 -8 liable for damages due to backups, overflows, or system bypasses that result from the Contractor's negligent work activities related to this project. 25.PLUGGING OR BLOCKING: Plugging or blocking of storm drain lines will not be allowed without prior approval by the Engineer. If approved by the Engineer, a storm drain plug shall be inserted into the line upstream of the section being worked. The plug shall be so designed that all or any portion of the storm water can be released during cleaning inspection. After the work has been completed, flow shall be restored to normal pre-inspection conditions. PLUGGING AND BLOCKING shall be considered incidental to storm drain lines and siphon cleaning and inspection activities, with no additional compensation allowed. 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 - PROTECTION OF TREES PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON-PAY ITEM No. 3 — 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 8-9 0 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.- 0 Sweeping the street clean of dirt or debris ® Storing excess material in appropriate and organized manner Q Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. NON-PAY ITEM No. 4 — 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 Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Contract start date would 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. 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 1/" 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. 8- 'i0 The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM No. 3 - SIPHON CLEANING AND INSPECTION: Siphons shall primarily be cleaned using hydraulic means to remove all dirt, grease, rocks, sand, and other materials and obstructions from the storm drain siphons. In certain circumstances, siphons may also be cleaned by mechanical F means. The equipment and method of cleaning for each siphon shall be based on site conditions and shall be approved by the Engineer. The minimum hydraulic equipment utilized for siphon cleaning shall be capable of cleaning siphon spans up to 500 LF in length and pump 170 g.p.m. at a minimum pressure of 3000 p.s.i. The vacuum equipment shall be capable of generating up to 7500 c.f.m. and 27 inches of mercury. Manholes at each end of the line segments being cleaned shall also be cleaned and debris removed. If successful cleaning cannot be performed without risk of damage to the pipe or the equipment fails to traverse the entire line segment, cleaning efforts shall be temporarily suspended and Engineer shall be notified. Before cleaning can resume, the segment shall be televised and evaluated in order to determine if segment can be adequately cleaned. The Contractor shall provide and observer at the upstream manhole during all passes to ensure that the entire line segment is cleaned on subsequent passes. The Contractor shall also provide a mechanism to prevent debris from moving downstream from the line segment being cleaned. The Contractor will take all appropriate and reasonable measures to clean this siphon. Siphon cleaning includes all labor, equipment, and materials necessary for the complete cleaning of each barrel at each siphon location. The Contractor must document that the siphons have been sufficiently cleaned by sonar. The Contractor must document the cleaning of the siphon within seven days of the completion of the actual cleaning. PAY ITEM No. 3 4 5 6 & 8 - STORM DRAIN SYSTEM CLEANING: Storm drain cleaning shall be performed with hydraulically propelled high-velocity jets, or mechanical powered equipment to remove all dirt, grease, rocks, sand, and other materials and obstructions from the storm drain lines. Equipment shall be based on field conditions such as access to manholes, type and quantity of debris -to be removed, size of storm drain, and depth of flow and shall be capable of cleaning the lengths of storm drains included in the project. The equipment and methods selected shall be satisfactory to the Engineer. If successful cleaning cannot be performed without risk of damage to the pipe or the equipment fails to traverse the entire line segment, cleaning efforts shall be temporarily suspended and the Engineer shall be notified. Before cleaning can resume, the segment shall be internally inspected and evaluated in order to determine if segment can be adequately cleaned. 8 - 11 F PAY ITEM No. 11 - CONFINED SPACE ENTRY PLAN: 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. PAY ITEM No. 12 —TRAFFIC CONTROL PLAN: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the latest edition "Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign that has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 817-392-2531 or 817-392-7738), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be 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. 8 - 12 u u i r - 9 ATTACHMENTS (SITE MAP AND PROJECT SIGN DETAIL) I' g >v' C 1 47 an i-!1 l4+cP"a,^ual7ulaln"cl P P-1414 JJ^flilD e47�u colas l^+�u iil I+d 47 ^W71 a°" I41 J !7 T+auL'6Ulil•n of In�^4l�P'iui.OI dF gaol wnaa" 7 R'; as.6i9E-alpea 26E-8b02 o41lflq:ani1iti:ry+v uolio7uew+doi+0 4dn Jean pain�o�,o°i 9a Ja , ..r c w lit ~.\ a d9`.. N. �6yb�, 1 " �•is =aaJuanoe .u:!"Bair �'.. 4 \ db7 e , 1 \ - a _ s � '� zea-a s . •o e .A ••yv �'`` `•�` 1 sdo�; � b LU MISSION 114, .rl IG- - and '__ •n� Ib \\, � 4. •15 fu is +uouals aUd utu y �� ``• a. sr O J it _ � .1� 3 co _ cu Nl— / N AE Jill-sR t Is ��-a9als i •__ f ODA I pit. It PM i A ua9a s . e¢w �... -- - ^'ls nxi a '9�sS-s •ls.xZlid I^ A i" as A m i l'TN nF ;pµ'eC SYkIR,C.i i55�^" � -- - • � � � •¢'OD N - 1 ru -91 I •4" 4 ALI5a3;INn kI 1. 00 \No JAW a n 5 � .¢i23t.7' �,•-� _.+ 1+ a �� O'L✓�J� i i p� 00 y 26£-9E02 {q *ire Go co m •M�i eqco m U co m A ! C to + cn Lo Ci }� 2 CL • ~ ' • sue. C? LL r m c tn E � �6 f I _ lo _ CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE STANDARD FORM BY INSURER M CERTIFICATE OF LIABILITY INSURANCE DAo�i3i?o PRODUCER (817)268-1680 FAX (817)268-3108 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Texas Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 428 Harwood Rd. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bedford, TX 76021 Cindy Akin INSURERS AFFORDING COVERAGE NAIC# INSURED RKM Utility Services, Inc. INSURERA: Bituminous Casualty Corp 1604 Bluebank INSURERB: Texas Mutual Insurance Company Dallas, TX 75229 INSURER C: INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIT ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITION: POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION—DATE(MM/DD[YYI DATE(MM/DDrYY1 LIMITS GENERAL LIABILITY CLP3234645B 10/01/2006 10/01/2007 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED g 100,00 CLAIMS MADE D OCCUR MED EXP(Any one person) $ 5,00 A PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 POLICY 7 PECTRO LOC J AUTOMOBILE LIABILITY CAP3508042 10/01/2006 10/01/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A HIREDAUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO EA ACC S OTHER THAN AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY CUP2578813 10/01/2006 10/01/2007 EACHOCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ A 1,000,000 $ 1,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TSF-0001137056 10/09/2006 10/09/2007 WC STLMIT OTH- I ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEPUMEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $ 1,000,000 ["yes.describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1 000 00 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS e: West Fifth Street Storm Drain Sediment Removal ity of Fort Worth is listed as additional insured on liability policies, when required by ritten contract. CERTIFICATE HOLDER CANCIFLILATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fort Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Throckmorton OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE _ gg William Tarin CMA ''4 s --- 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) i - 11 - CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 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 RKM Utility Service, Inc. and City of Fort Worth Project No. PE69-539120-0209206. CONTRACTOR: Z �. By: Name: Title: Date: ��1 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the and igned 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 con ideration therein expressed and in the capacity therein stated. Given Under My Hand and Sea ,,eis day of , 20Q2 % J 'OgpRYA'oF/ y ;Jicftary Public in and for the State of �'.t`+ of TEXPg T@xas - 12 - MAINTENANCE BOND MAINTENANCE BOND 22764306 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That RKM Utility Services, Inc. ("Contractor"), as principal, and, WESTERN SURETY COMPANY a corporation organized under the laws of the State of Texas ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Two Hundred Eighty One Thousand, One Hundred Seventy Five Dollars and No Cents Dollars ($281,175.00), 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 17TH of July, 2007, a copy of which is hereto attached and made a part hereof, for the perfOrmance of the following described public improvements: .`NEST FIFTH STREET STORM DRAIN SEDIMENT REMOVAL the same being referred to herein and in said contract as the Work and being designated as project number(s) PE69 — 539120 — 0209206 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 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 1ST day of AUGUST , A.D. 2007. RKM UTILITY SERVICES, INC. PRINCIPAL ATT T: By: Name: Ryan Dowdy ( rincipal) Secretary Title: Pres. (S E A L) Address: -1601 Bluebank Rd. Dallas , TX 75229 972/241-2621 Witne s s to Principal WESTERN SURETY COMPANY SURETY ATTEST: By: Name: Michael N. Rudberg Secretary Attorney in Fact ( E A L) Address: 600 N. Pearl STE 1700 Dallas, TX 75201 Witness as to Surety Telephone Number. 8 0 0/4 9 0-3 513 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 Attorney-in-Fact. The date of bond shall not be prior to date of Contract. - 13 - PAYMENT BOND 22764306 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) RKM utility Service,Inc., as Principal herein, and (2) WESTERN SURETY COMPANY , a corporation organized and existing under the laws of the State of(3) S. DAKOTA , 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 Two Hundred Eighty One Thousand, One Hundred and Seventy Five Dollars and No Cents Dollars (S 281,175.00) 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 17" day of July , 2007, 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: WEST FIF 1 H STREET STORM DRAMSEDIMENT REi" OVAL, PROJECT NUMBER PE69- 539120-0209206. 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 17`h day of July ' 2007. RKM UTILITY SERVICES, INC. PRINCIPAL ATTE : By: Name: Ryan Dowdy ( dncipal) Secretary Title: Pres. (S E A L) Address: 1601 Bluebank Rd. Dallas , TX 75229 r 972/241-2621 Witn6gs as to Principal WESTERN SURETY COMPANY SURETY ATTEST: By: h• 4±�� Name: Michael N. . Rudberg Secretary Attorney in Fact (S E A L) Address: 600 N. Pearl St. STE 1700 Dallas, TX 75201 Witness as to Surety Telephone Number. 8 0 0/4 9 0-3 513 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. - 14 - PERFORMANCE BOND 22764306 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) RKM Utility Service,Inc., as Principal herein, and(2) WESTERN SURETY COMPANY a corporation organized under the laws of the State of(3) S. DAKOTA and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Two Hundred Eighty One Thousand, One Hundred Seventy Five Dollars and No Cents Dollars ( $281,175.00 ) 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 17`h day of July 2007' a copy of which is attached hereto and made a part hereof for all purposes, for the construction of WEST FIFTH STREET STORM DRAIN SED1WN T REMOVAL,PROJECT NUMBER PE69-539120-0209206. 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 17`h day of July , 2007, RKM UTILITY SERVICES, INC. PRINCIPAL ATTE By: Name: Ryan Dowdy Principal) Secretary Title: Pres. (S E A L) Address: 1601 Bluebank Rd. Dallas, TX 75229 i 972/241-2621 WitnesVas to Principal WESTERN SURETY COMPANY SURETY ATTEST: By: '�i' et�� Name: Michael N. Rudbercg Secretary Attorney in Fact (S EAL) Address: 600 N. Pearl St. STE- 1700 Dallas, TX 75201 Is. Cti� - Wlmess as to Surety Telephone Number. 8 0 0/4 9 0-3 513 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 Attorney-in-Fact. The date of bond shall not be prior to date of Contract. rvvvOtt yr ti11 "ItIN Jr. Y Know All Men by These Presents: (Irrevocable) No. SP- 22764306 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.That Western Surety Company,a corporation,does hereby make,constitute and appoint the following THREE = authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS DAVID P BARRIE MICHAEL NORMAN RUDBERG SUSAN E CRAIN in the City of D A L L A S State of TEXAS with limited authority, its true and lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: BID, PERFORMANCE , AND/OR PAYMENT BOND, IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS, AND LETTERS OF INTENT, MAINTENANCE AND WARRANTY BONDS, PROVIDING THE BOND PENALTY DOES NOT EXCEED FIVE MILLION AND NO/100 DOLLARS (**5 , 000 , 000 . 00) . ********************************************************************** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of D E C E M B E R 31 2 0 11 , but until such time shall be irrevocable and in full force and effect. WESTERN SURXr'?C041PA.YY further certifies that the following is awe and exact copy of Section 7 of the By-taws of western Surety Company, duly adopted and now in font? to-wit: 'Section T.k)Lbonds, policies, undertakings. Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by';tl1e'preaidetu.,Sec ta[v,`nit�-Assistant Secretary. Treasurer, or any Vice Presidem or by such other officers as the Board of Dircrtors may authorize. The President, any Vice P7�sident Secretary,'ah)Assisemtl)Seaetary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of tat Company.7Te Yogporwe seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The ;ngpaturc_gf any such officer"am_3'tie corporate seal may be printed by facsimile" T:"The penal amount of the bond iiercin described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or klegrain signed by the Undertxti¢ngManager,Underwriting Consultant,Underwriting Specialist. Underwriter,President,Vice President,Assistant Vice President-Treasurer,Secretary or Assistant Secretary of w'estem:Surety Company specifically authorizing said increase. LN WITNFSS WHERFOF.Weiem Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this end day'oc:=_ ":February WESTER SURETY COMPANY STATE OF SOUTH DAKOTA 7ce B v �<COUNTY OF MINNEHAHA J Senior reside On this Ind day of February in the year 200 before me, a Notary Public, personally appeared Paul T. Brutlat,who being by me duly sworn,acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. S.EICH �SOUTHv AKOTA1 (�(� SEAL SOUTH DAKOTA SF� Notary Public, South Dakota My Commission Expires February 12,2009 1, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in fui! force and effect and is irrevocable:and furthermore,that Section 7 of the By-laws of the company as set forth in the Power of Attorney, is now in force. In testimony whereof,1 have hereunto set my hand and the seal of Western Surety Company this S t day of AUCJUS t i 0 0 WESTER SURETY COMPANY *IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as the bond. By -✓�L�%�' Forth 749-2-2004 Senior Vice President` NOTICE:This border must be BLUE.If it is not BLUE,this is not a certified copy. 10 - 1� - CITY CONTRACT CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the 17th day of July , 20 07 by an( between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized an( existing under and by virtue of a special charter adopted by the qualified voters within said City on th( 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regula meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, an( RKM Utility Service, Inc. . HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be mad( and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith the said Contractor hereby agrees with the said Owner to commence and complete the construction o certain improvements described as follows: WEST FIFTH STREET STORM DRAIN SEDIMENT REMOVAL Designated as project number, PE69-539120-0209206 2. That the work herein contemplated shall consist of furnishing as an independent contractor a labor, tools, appliances and materials necessary for the construction and completion of said project ii accordance with the Plans and Specifications and Contract Documents prepared by the Department c Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by th( City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are heret( attached and made a part of this contract the same as if written herein. 3. C-1 The Contractor hereby agrees and binds himself to commence the construction of said work withii ten (10) days after being notified in writing to do so by the Transportation and Public Works Deparmmer of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after thi commencement thereof and to fully complete and finish the same ready for the inspection and approval c the Transportation and Public Works Department of the City of Fort Worth and the City Council of the Cit of Fort Worth within a period of 45 (Forty Five) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications an Contract Documents within the time so stipulated, plus any additional time allowed as provided in thi General Conditions, there shall be deducted from any monies due or which may thereafter become dul him, the sum of $ 210.00 per working day, not as a penalty but as liquidated damages, thi Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or t, carry on and complete the same according to the true meaning of the intent and terms of said Plan, Specifications, and Contract Documents, then the Owner shall have the right to either demand the suret to take over the work and complete the same in accordance with the Contract Documents or to tak charge of and complete the work in such a manner as it may deem proper, and if, in the completio thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans an Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand i writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personne at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees t indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants an employees, from and against any and all claims or suits for property loss, property damage, person injury, including death, arising out of, or alleged to arise out of, the work and services to be performe hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whethe or not any such iniury, damage or death is caused, in whole or in part, by the nearli_gence c alleged negligence of Owner its officers, servants, or employees. Contractor likewise covenanl and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner' officers, servants and employees and any damage, loss or destruction to property of the Owner arisin from the performance of any of the terms and conditions of this Contract, whether or not any suc iniury or damage is caused in whole or in part by the negligence or allayed negligence of Owne, its officers, servants or employees. C-2 In the event Owner receives a written claim for damages against the Contractor or its subcontractor prior to final payment, final payment shall not be made until Contractor either (a) submits to Owne satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referrer to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performer under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or material! furnished in the prosecution of the work, such bonds being as provided and required in Texa., Government Code Section 2253, as amended, in the form included in the Contract Documents, am such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surefi company duly and legally authorized to do business in the State of Texas, and acceptable to the Cit. Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesair worts, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted b,. the successful bidder hereto attached and made a part hereof. Payment will be made in monthl, installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding) alternates N/A s114 be TWO HUNDRED EIGHTY ONE THOUSAND, ONE HUNDRED SEVENTY FIVE DOLLARS AND NO CENTS $281,175.00 9. C-3 It is further agreed that the performance of this Contract, either in whole or in part, shall not b4 sublet or assigned to anyone else by said Contractor without the written consent of the Director of thi Transportation and Public Works Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance a specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the partie hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of th, State of Texas with references to and governing all matters affecting this Contract, and the Contractc agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six E counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with th, corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through it duly authorized officers in Six 6 counterparts with its corporate seal attachec C-4 Done in Fort Worth, Texas, this the 17th day of July , 20 07 . ;rORT W TH ASSISTANT CI MANAGER APPROVED: DIRECTOR, TRANSPORTATION AND { PUBLIC WORKS ATTEST: ( ontraetor) fr' CITY SECRE RY (SEAL) (Represent ve) Co�atrac 1iu horizatiola 1&1q�! Jy�O L� ��CJ • Date _. (TITLE) 10� ���. � ��,,� APPRO D AS TO & (Address) LEG ITft //Ok (City/State/Zip) AS ST T TY ORN November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Revised April 1999 Revised June 1999 Revised June 2001 'C TAT WIMP E C-5