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Contract 36695
CITY SECRETARY9 l qty CONTRACT NO . \,_Q Q .... FORT WORTH SPECIFICATIONS AND CONTRACT DOCUMENTS --COlffMC10I --CON1UC10n-co. --Cll'YIKllmlff IIJIIIIEl1X DN. __ .... ,uca,r SIDEWALK CONTRACT -GROUP 5 MIKE MONCRIEF MAYOR PROJECT No. 00893 Oct 2007 CHARLES R. BOSWELL CITY MANAGER ROBERT D. GOODE, P.E. -DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E. -DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY: Transportation & Public Works 03-0 3-0 8 A09: 14 IN Listing of Certified Companies: Surety Bonds: Programs and Systems: Financial Manage... Page 1 of 1 Suretec Insurance Company (NAIC #10916) BUSINESS ADDRESS: 952 Echo Lane, Suite 450, Houston, TX 77024 . PHONE: (713) 812-0800. UN LIMITATION b/: $2,758,000. SURETY LICENSES c,f/: AZ, AR, CA, LA, NM, OK, TX. INCORPORATED http://fms.treas.gov /c570 /c570 _ a-z.html 2/28 /2008 Page 1 of 1 Contact Us I Site *® I TEXAS DEPARTMENT OF TRAKSPOR' About Us I Caree rs I Local Information I News I Programs I Se rvi ces Search !search Txoo· Home >> Business >> Tucp >> TUCP DBE Listing for: 'MACVAL ASSOCIATES, LLC' Last Updated : Tuesday , February 26 , 2008 MACVAL ASSOCIATES, LLC Contact: ALOYSIUS A. ATTAH 1412 DAYWOOD LANE IRVING , TX 75061 Phone: 214-673-6346 Types of Work Performed: NAICS Work Categories (Codes): • Engineering Services (541330) • Highway , Street, and Bridge Construction (237310) *Certified by: NCTRCA Region of: NCTRCA Expiration date: 11/26/2008 Email: aaattahpe@ao l.com Fax: 972-554-8527 • Administrative Management and General Management Consulting Services (541611 ) District(s): STATEWIDE DISTRICTS • Certifying Agency List: HOUSTON AUSTIN CCRTA NCTRCA SCTRCA TXDOT -City of Houston -City of Austin (Hays , Travis , Williamson , Caldwell , Bastrop County ) -Corpus Christi Regional Transportation Authority -North Central Texas Reg ional Certification Agency -South Central Te xas Regional Certifica ti on Agency -Texas Departmen t of Transportation Contact Us I Site Map I Home Citizen I Business I Government I Travel I FAQs I Tools & Plug-Ins About Us I Careers I Local Information I News I Programs I Services 125 East 11th Street . Austin , Texas 78701 . Disclaimer . Privacy Policy . Accessibility Policy Copyright 2008 Texas Department of Transportation . All Rights Reserved http://www.dot.state. t x . us /business/tucp/tucp-alpha-dist-individ.htm ?id= 1744 2 /28/2 00R Page 1 of2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/5/2008 DATE: Tuesday, February 05, 2008 LOG NAME: 20SIDEWALKGRP5 SUBJECT: REFERENCE NO.: -C-22656 Authorize Execution of a Contract with Macval Associates, LLC, for Sidewalk Contract -(Group 5) 2004 Capital Improvements Program (Project No. 00893) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Macval Associates, LLC, in the amount of $436 ,245 .00, for Sidewalk Contract -(Group 5) 2004 Capital Improvements Program. DISCUSSION: The 2004 Capital Improvements Program included funding for the construction of City sidewalk projects . These funds will be used to develop safer walking routes within the City's neighborhoods. The work performed under this contract consists of replacing and constructing new sidewalks and wheel chair ramps in various locations throughout the City. Contract documents reflect total quantities that are listed as a guideline and budgeted funding for these quantities stand at $436,245.00. Final payment will be based on actual field measured quantities. Bid documents also include a provision for the City to exercise an option to renew this contract two times under the same terms, conditions, and unit prices. The project was advertised for bid on October 11, and October 18, 2007 . On November 15, 2007, the following bids were received: BIDDERS Macval Associates, LLC Advanced Paving DirtCO, d/b/a Styles Contracting Time of Completion: 270 calendar Days. BID AMOUNT $436,245.00 $460,303.15 $539,328.58 M/WBE -Macval Associates, LLC, is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation. The City's goal on this project is 15 percent. In addition to construction cost, $49,000.00, is required for DOE inspection and surveying. The contingency fund for possible change orders is $21,812 .25. These project will be citywide and will address sidewalk needs in ALL COUNCIL DISTRICTS . FISCAL INFORMATION/CERTIFICATION: http://www.cfwnet.org/council _packet/Reports/me _print.asp Page 2 of2 The Finance Director certifies that funds are available in the current capital budget , as appropriated of the Street Improvement Fund . TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers C200 541200 201380089383 $436,245.00 Marc A. Ott (8476) Robert Goode (7913) Jim Walker (8009) http://www.cfwnet.org/council _packet/Reports/me _print.asp 2/6/2008 . , . " Contract Project# Date issued Addendum# 1 : Sidewalk Contract SP # 5 : 00893 : 10/16/2007 Advertisement dates : 10/11 , 10/18/2007 Bid Opening date : 11/15/2007 The addendum No # 1 forms a part of the contract Documents , and modifies the Original Contract documents . Acknowledge receipt of this addendum in the space provided below, Addendum# 1 address a change to the in the Notice to bidders ( Pages NTB-1 & NTB-2 ). Failure to acknowledge the receipt of the addendum could subject the bidder to disqualification. Revised Notice to bidders is attached , revision would outline the pre-bid meeting scheduled for 11/9/2007 to be from" 9am -lOam" at TPW's conference room 270. Receipt Acknowledged: TPW ,N\ .I\ , City Of Fort Worth Company : ]'\,~C.\} f\L ~6..,o.,W .J LLC. Project l\fanager Khal Jiafari P.E. Address : 't'> 5 0 0 t-1. • S-t e.Yv\. v,,o "IS ~ 1 \Is 5 <>lo o I_ City: DO\. \\qt~ }-, State : \ e_ 'I-O\...S Date PART A PARTB PARTC PARTD PARTE TABLE OF CONTENTS Notice to Bidders Special Instructions to Bidders Proposal Vendor Compliance to State Law Minority and Women Business Enterprise Specifications Special Provisions Certificate of Insurance and Bonds Certificate of Insurance Contractor Compliance with Worker's Compensation Law Equipment Schedule Experience Record Payment Bond Performance Bond Maintenance Bond Contract APPENDIX Standard Details Project Designation Sign Special Layout Detail (around obstructions) Driveway Approach Standard 7" Curb & 1 '-6" Gutter Standard 7" Curb & 2' -0" Gutter Roll-over Curb Driveway Approach Roll-over Curb & Gutter 1 O' Parkway Sections 15' Parkway Sections Typical Joint Layout@ Curb, Gutter, Ramps & Driveway (Detached Walk) Typical Joint Layout@ Curb, Gutter, Ramps & Driveway (Combination Walk & Curb) Accessibility Ramp Details (10 Sheets) High Volume Driveways Concrete Retaining Wall with Sidewalk Handrail -Typical Sidewalk Detail Traffic Control Plan TCP (2-2)-03 Traffic Control Plan TCP (2-4)-03 Traffic Control Plan TCP (2-5)-03 Part A NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following: FOR: SIDEWALK CONTRACT -GROUP 5 Project No.: 00893 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 PM, Thursday, 11/15/2007 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 obtained at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. Sets of documents may be purchased for a non-refundable price of $20.00. A pre-bid meeting is scheduled for Friday Nov 9th 2007 .Meeting is at TPW's conference room ( Room 270 , city Hall ) Bid security is required in accordance with the Special Instruction to Bidders. The project consists of a renewable contract for the complete installation of sidewalks and sidewalk ramps at locations specified by the City of Fort Worth. Estimated new sidewalk & replacement work is at 4259 Square Yards . Contract & each renewal to be completed within the allotted 270 Calendar days . 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 forty-nine ( 49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM (''Documentation'1, as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 392-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall NTB-1 submit the MBE/WBE UTILIZATION FORM 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. For additional information, contact Khal Jaafari P.E at (817) 392-7872 CHARLES R. BOSWELL CITY MANAGER Advertising Dates: MARTHA HENDRIX CITY SECRETARY Thomas U leuschen, P.E. Manager , Capital Improvements Projects Khal Jaafari P.E Capital Projects Engineer _10/11/2007 __ and _10/18/2007 __ 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 at (817) 392-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine ( 49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH SIB-1 EFFORT FORM ("Documentation'') is received by the City S. 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. 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. 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. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7 .19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City 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 except as modified by these specifications. This project is to be bid by the calendar day. As such, should the Contractor not complete the contract in the calendar days specified, a time charge shall be made for each calendar day thereafter, SIB-2 not as a penalty but as liquidated damages. The preceding shall supersede any and all references made in these specifications and/or the standard street specifications, in regards to liquidated damages. 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 prov1s1on 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 Director of the Department of Transportation and Public Works for use by the City in determin ing 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. 11. 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 m inimum 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. SIB-3 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 worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance pol icies 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. 12. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth w ill not award th is 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 of 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. SIB-4 13. MINORITY /WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 13550, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department''), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the 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 "O" or "no participation" in the spaces provided, and provide a brief explanation. The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. SIB-5 If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. All forms are available at the M/WBE Office, 3rd floor -City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 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. 14. 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. 15. PAYMENT, FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: Because of the unique nature of this contract, section 9.7 of the Standard Specifications for Street and Storm Drain Construction shall not apply and shall be superseded by the following: Whenever the improvements prescribed by an individual Work Order have been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time, perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will recommend acceptance of the work under that particular Work Order and recommend payment therefore. SIB-6 If the Engineer finds that the work has not been completed as required, the Contractor shall be advised in writing and will be furnished with an itemized list of all known items that have not been completed or which are not in an acceptable condition. When the Contractor has corrected all such items, he shall again notify the Engineer that the improvements are ready for inspection, and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor as to that Work Order, an estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the Contractor after acceptance by the Transportation and Public Works Director, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials under that Work Order have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual payment as aforesaid shall operate as and shall release the Owner from all cla ims or liabilities under the Contract for anything done or furnished or relating to the work under that Work Order or any act or neglect of said City relating to or connected with the Contract. The making of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents that specifically continue thereafter. For purposes of this section, the Work Order shall be de.emed complete and accepted by the City as of the date the punch list for the particular Work Order 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 for the particular Work Order has been completed. 16. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. -10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p .m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or SIB-7 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG.If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 17. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement ("TWCC-81, "TWCC-82, "TWCC-83, or "TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in. 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011( 44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the government-al 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: SIB-8 (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ( 4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. SIB -9 (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person w ith whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission 's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 18. 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, cond itions or privileges of their employment, discriminate against any person because of the ir age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. SIB-10 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. 19. 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. SIB-11 PARTB PROPOSAL VENDOR COMPLICANCE TO STATE LAW MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS TO: Mr. Charles R. Boswell City Manager Fort Worth, Texas PROPOSAL FOR: SIDEWALK CONTRACT-GROUP 5 Project No.: 00893 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the Contract Documents, specifications, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to complete all the work as specified by the Contract Documents and subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish a Payment Bond, Performance Bond, and Maintenance Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums, to-wit: BASE BID Unit A PAY ITEM APPROX. QUANTITY DESCRIPTION OF ITEMS UNIT PRICE TOTAL AMOUNT BID 1. 1 LS 2. 4 EA 3. 450 SY 4. 500 LF 5. 300 LF UTILITY ADJUSTMENTS $2000 $2000 PROJECT DESIGNATION SIGNS $ C\ O 0 $ '3600 REMOVE EXISTING CONCRETE FLATWORK $ \ '2 -$ 5 4-00 (.., REMOVE EXISTING CURB & GUTIER ST AND ARD CONCRETE 7" CURB & 18" GUTIER P-1 $ _ ____,a\_0_ $ 5 0 c) 'O $ __ 2 _9~ $ ~ , o o PAY ITEM 6. 7. 8. 9. 10. 11. 12. 13. 14. APPROX. QUANTITY 0 SY 450 SY 500 SY 600 SY 709 SY 20 SY 20 SY 75 CY 400 SY DESCRIPTION OF ITEMS 4" CONCRETE SIDEWALKS (O' -50' Length) 4" CONCRETE SIDEWALKS (51' -100' Length) 4" CONCRETE SIDEWALKS (101' -200' Length) 4" CONCRETE SIDEWALKS (201' -300' Length) 4" CONCRETE SIDEWALKS (Over 300' Length) 4" EXPOSED AGGREGATE CONCRETE SIDEWALK 6" EXPOSED AGGREGATE CONCRETE SIDEWALK CONCRETE RETAINING WALL UNIT PRICE $ $ $ $ TOTAL AMOUNT BID $ __ CJ __ 4::4: $ '2-6 l\::OO $ \..\-S $ °'oo $_...........J4::...._.,9,..._ $ 9 8 0 WITH SIDEWALK $ 4-00 $ 3o ooo 6" CONCRETE SIDEWALKS AT DRIVEWAYS $ __ L\--_q~ $ I q b o 0 15. 15 TONS HMAC DRIVEWAYS $ P-2 PAY ITEM 16. 17. 18 . 19. 20. 21. 22. 23. 24. 25. 26. APPROX. QUANTITY DESCRIPTION OF ITEMS UNIT PRICE TOTAL AMOUNT BID 15 CY FLEX BASE DRIVEWAYS 700 SF 30 EA 25 EA 35 EA 10 EA 75 EA 10 EA 20 EA 20 EA 150 LF $ 2-o $ 3 oO 6" CONCRETE DRIVEWAY APPROACH $ __ l _D_ $ 1-D o O TYPE 1 CONCRETE SIDEWALK RAMPS $ , o o o $ S o o o o TYPE 3 CONCRETE SIDEWALK RAM PS $ \ o o o $ '2--5 ei o o WATER METER AND GROUND BOX ADJUSTMENTS $ \ o o $ 3 S o o MANHOLE ADJUSTMENTS $ SPRINKLER HEAD ADJUSTMENTS $ __ ·_2-_o_ $ \ S o 0 TREE REMOVAL $ i oo $ ,ooo TREE TRIMMING $ So $ \ C) (:,') 0 REMOVE AND RELOCATE SHRUBS $ ,s $ ls co REMOVE AND REPLACE DRAIN LINE (VARIOUS SIZES) $ 3o $ t+S c5>0 27.. 35 TONS HMAC SIDEWALKS APPROX. PAY QUANTITY ITEM 28. 35 CY 29. 50 LF JO. 2200 SY 31. 3000 SY 32. 150 SY 33. 75 SF 34. 40 LF 35. 40 LF 36. 8 LF 37. 10 EA DESCRIPTION OF ITEMS TOPSOIL 42" HANDRAIL w/ PRIMECOAT AND ALUMINUM OIL PAINT ST. AUGUSTINE GRASS SOD BERMUDA GRASS SOD HYDROMULCH CONCRETE STEPS REMOVE AND REPLACE 6-FOOT STOCKADE FENCE REMOVE AND REPLACE 4-FOOT CHAIN LINK FENCE DIAMOND PATIERN STEEL PLATE WALKWAY OVER FLUME DRAIN STREET USE PERMIT Unit A Sub-TOTAL BID= P-4 $ \'3o $ 4-sso UNIT TOTAL PRICE AMOUNT BID $ 4-0 $ \ 4-oO $ ~5 $ 4-2.So $ 4-·S $ G\ q 00 $ 4:-.. s $\3>Soo $ '2. ~ s $ 3'75 $ \0 $ , 50 $ 3o $ \ J._· 0 0 $ '2.., $ o~o $ '\ 0 0 $ ~C)O $ 100 $ \Doo Unit B PAY ITEM 1. 2. 3. 4. 5. 6. 7. 8. 9. APPROX. QUANTITY DESCRIPTION OF ITEMS UNIT PRICE TOTAL AMOUNT BID 1 LS UTILITY ADJUSTMENTS $2000 $2000 4 EA PROJECT DESIGNATION SIGNS $ __ 9__.___D_O $ Eb C 0 450 SY REMOVE EXISTING CONCRETE FLA TWORK $ __ _,_\-=2.:c.._ $ S 4:: o o 200 LF REMOVE EXISTING CURB & GUTIER $ __ _._\-=o:c.._ $ 2 o oo 150 LF STANDARD CONCRETE 7" CURB & 18" GUTIER $ r-i_q $ 4-s 5 o 2000 SY 4" CONCRETE SIDEWALKS (O' -50' Length) $ "+-4--$ '88 0 c>O 0 SY 4" CONCRETE SIDEWALKS (51 ' -I 00 ' Length) $ L\-. L\-$ e, 0 SY 4" CONCRETE SIDEWALKS (101 ' -200 ' Length) $ 4-4-$ 0 0 SY 4" CONCRETE SIDEWALKS (201' -300' Length) $ '+ '+ $ 0 10. 0 SY 11. 6 SY 12. 6 SY 13. 15 CY 14. 75 SY 15. 0 TONS 16. 1 CY 17. 200 SF 18. 5 EA 19. 5 EA '20. 3 EA 4" CONCRETE SIDEWALKS (Over 300 ' Length) 4" EXPOSED AGGREGATE CONCRETE SIDEWALK 6" EXPOSED AGGREGATE CONCRETE SIDEWALK CONCRETE RETAINING WALL WITH SIDEWALK 6" CONCRETE SIDEWALKS AT DRIVEWAYS HMAC DRIVEWAYS FLEX BASE DRIVEWAYS 6" CONCRETE DRIVEWAY APPROACH TYPE 1 CONCRETE SIDEWALK $ \..\:4: $ 0 $ 4-5 $ '2. 'l 0 $ ~q $ '2..'i 4- $ ~00 $ b 00 0 $ 4: q $ 36 'l S $ \·~o $ 0 $ <Lo $ <2-o $ ___ \ o_ $ «]..._o o o RAMPS $ \ oo O $ 5 oo 0 TYPE 3 CONCRETE SIDEWALK RAMPS $ \ ~ o o $ So o o WATER METER AND GROUND BOX ADJUSTMENTS $_~1---=o-=o=-$ ~ c C 21. 2 EA 22 . 15 EA 23. 5 EA 24. 5 EA 25. 5 EA 26. 75 LF 27. 10 TONS 28. 10 CY 29. 0 LF 30. 450 SY 31. 450 SY 32. 20 SY 33. 75 SF MANHOLE ADJUSTMENTS SPRINKLER HEAD ADJUSTMENTS TREE REMOVAL TREE TRIMMING REMOVE AND RELOCATE SHRUBS REMOVE AND REPLACE DRAIN $ '.2o O $ 'L,\:t:> O $ __ -:Z..._D_ $ 3 00 $ \ "C 0 $ '5 oa $ so $ '2-SC $ ·--, 5 $ --:s1s- LINE (VARIOUS SIZES) $ __ ~-=---o-$ 2 2--5 o HMAC SIDEWALKS $ , so $ \ 5 00 TOPSOIL $ 4-o $ 'L\-00 42" HANDRAIL w/ PRIMECOAT AND ALUMINUM OIL PAINT $ '155 $ ST. AUGUSTINE GRASS SOD $ 14--S $ ~ o2S BERMUDA GRASS SOD $ . 4-.. 5 $ 20"'2.S HYDROMULCH $ 2..5 $ s c) CONCRETE STEPS $ ,o $ ' So 34 . 40 LF REMOVE AND REPLACE 6-FOOT STOCKADE FENCE $ 35. 40 LF REMOVE AND REPLACE 4-FOOT CHAIN LINK FENCE $ ?-f $ \0 B o 36 . 8 LF DIAMOND PATIERN STEEL PLATE WALKWAY OVER FLUME $ \o o $ ~DO DRAIN 37. 10 EA STREET USE PERMIT $ \ ~ 0 $ \ 0 0 0 Unit A Sub-TOTAL BID= $ \l\:2..b\4-- Unit A & Unit B -Total Bid = $ 1+ 31o 2 '2-4-: s ,. ~...If ~ J \;}J . ~-~~ti~, .. ~ THIS CONTRACT INCLUDES WORK ANYWHERE WITHIN THE CITY OF FORT WORTH. The City shall have the right to i ncrease or decrease the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or subs t ituted with no allowances will be made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. It should be noted that bid quantities of the various items in this proposa l are for comparison only and may not reflect the actual quantities. Moreover, there is to be no limit on the variations between the estimated quantities shown and the actual quantities performed or used. In particular, the Contractor shall be aware that it is the City's intention that the quantities in this proposal be used for bidding purposes only. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. Final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be no limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City . This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within 270 Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) working days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond P-9 and other bonds required by the Contract Documents for the faithful performance of this Contract. The attached bid security in the amount of 5% of total bid amount , is to be forfeited in the event the contract and bond are not executed within the t i me set forth, as liquidated damages for delay and additional work caused thereby . The Bidder agrees to begin construction within 10 Calendar days after issue of the work order, and to complete the contract within 270 Calendar Days after beginning construction as set forth in the written work order to be furnished by the Owner. (I/we), acknowledge receipt of the fo l lowing addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) ~ Addendum No. 3 (In itials) ____ _ Addendum No. 2 (Initials) _____ Addendum No. 4 (Initials) ____ _ ~espectfully ?ubmitted: l\ '"--l [) n-Lo ~S\\}__S f\, ~, ,-, t. By: ffi f\C\J&L /;\--~~~~ , LL C:.. Title: CD \J.J\/\ ~ Telephone: 7.... \ 4--b 11 -\:, '3. 4-lo (SEAL) Date ___ l _-_,_5_-_0 _:,_,___ P-1 0 VENDOR COMPLIANCE TO STATE LAW . The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders . This law provides that, in order to be awarded a contract as low bidder, nonresident bidders ( out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required 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 w i ll 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: ~)\CVI\L ~~~, LLC By: ~\_o j_s\\}$ f\; • ~~2 P. E:, (Please print) ~Soo ~. ~V'M)\.'\.S ~.Signature: ~ ~' ~) r. E._. ~~ soloo S)°'\\c,..,S '\"6,. "I 52-4--'] Title: -~--\IJV\..--~-------- City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION FORT WORT >i City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $25,000 or more. the ORE goal is applicable- If the total dollar value of the contract is lass than $25,000, the DBE goal is not applicable. POLICY STATEMENT lt;s Ilse policy of Elie City 0fFort Wfirth 10 Lnsare the full and equitable participation by Disadvanmge );business Entciprises (DBF) in ftte procurement of a]1 goods and services to tltc City an a contractual basis, The objective of the Policy is to #ncrcase the use of DBE. firms to a level comparable to the availability of 1)EEs that provide gDD& and services directly or i-Idxrect]y to the City. All rtquiremeuts and rya ]ations stated ig the Ciry's current Disadvantage Bus;ncss entetTriso Pragraia apply to tNs bid, DBE PROJECT COALS T[te C.ity's DBE goal orl th;s projoct is 15- % of the base bid value o2 the coniraCL COMPLIANCE TO BIDSPEC] FIDATIONS Or~ Oi4y contracis of $25,000 or more, bidders are regr3ired to cofnply wiih fho intern of the City's DBE program by either of the following-. 1, Meet or exceed the above stated DBE goal, on 2, Goad Faith Effort documentation, or; 3. Waiver documen tati0rM, or; 4, Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable document&, must he received by the Managing Depsrtmeni, witMin the lollowrn:a Limas 1€,fah-d. in order for the enure bid to be considE red rr sl}or;siti to #ho spacifcEt;ions. f nv i FiEsrur sha[I drl:v:u t--e DBE dor.uit.r_n'.']I1"Ll ! ir) €) r5pr1 `t ho app'cpslaF-- sml)16yea of the maht ig'r5g d2,-,,pE!rtrn:—r11: af,d nbtain a date."€ime 'Such racefpt:zha11 be ev€deuce- tn_.' its CJi(Y-Teccivcd-the dwumensation in th,- timz - 1Hcc;,� A fakbd-copy wi11 not be aecr:Rted, 1. Subcontractor Utilization Fcrm, if received by 5,00 P'111„ Eve (5) City business days offer the bid goal is met or exceeded, _ open in@ date, exclusive Of the bid ppenincd date. . Good Faith S=FFcrt and Subcontrador reri~iveci by 5,00 p.m-, five (5) Oi.y bus€rtess days after the bid ++I Utilization "orm, if participation iS - opening dake, exclusive of the hid tapering state. ._•r less than statedgoal: _ - -- 3. Good Faith Effort Form, if no 4. Prime Contractor Waiver Form: 5, 1oint venture roars, r1 gow is met or exceeded, received by 5:00 p.rn„ fire (5) City business days after ',he bid opening date, exclusive of 111e bid apeninq date received �y 5.00 p,rn., five (5) City business days after the I id opening date, exdus€ve of Me bid opening date. received by 5;00 p.m., five (5) City businbss days after the bid opening date, exclusive of the bid opening date. FAiLUPE TO COMPLY WITH THE CITY'S DBE PIROGRAM, WILL RESULT IN THE BID BEING CONSIDERED NON- RES pONSIVE TO SPECIFICATION Any tluestions, please conl= tt)e MfYY13L Office at (817) 392-6104. L" 2 rim FORT WORTH T,MME COhrPANY NANIE; PROJE r NAME: 0TYN,,k0Vl3 F ProlenGoal; 1 q/8 C it�r ofFort Worth SubeontralctorsPSuplpliers Utilization Forni C ��y L r - r . PH MON, NVW BFUttilszatiorl;` :kVP11ruble bloCk to describr prime 2vif4T�'fDQr I NGN-M-W DBE. lirl} DATE It�x -- o rl PROJECT NUMBER Identify all subcontractors/suppliers you will use on this project~ Failure to complete (his form, in its entirety with requested documentation, and received by the Managing Dopartment on or before 5:0G p.m. five (5) City business days of er bid operiing, exclusive of [yid opening date, will result in the bid being considered non -responsive to k id specificafion - The .undersigned Offeror agrees to enter into a formal agreement with the M/ BE firms} listed in ihis utilization schedule, conditioned upon execution of a contract with the City of l=art Worth. The intentional and{or kno+ving rnisrepresentatlon of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications WWBEs listed toward meeting the preject giDaI mast be kientie d in the nine (9) county marketplace or currently doing business in the marketplace at the time of bit. Marka�place is dire geographic av;a of ` .3rrant, PaTkur, John5-on, Coll" Dallas, Dvawn, P.1lis, K-dofman and R ,ck}vall counties. 1deutify eaA Tier level. Tier is the level of subcontract -Ing below the pritrle aontraetur, i.e., a direct payment frotrt the prime contractor to a subcontractor is considurl�,d 13' tier, a payment by a subcontractor to its supphor is considered 2' tier ALL JN1j REs IN-1 U ST Br- ( RTIF)IFD BEFORE QN'Y'&,t T AMA Certification means those firms, located or doing business at Tbo tiine of bid opeliing Alilhin the Marketplace, that 11.9vr been dvrcrrnimd to be trozl5L6de rsvinority or "'amen bMinesscs by the- NIart13 Central Texas Regional Certification Ageiioy (Ni~"1RCA), or the 'texas Depaztawr,t of Trausportalion (TX DOT), highway division. Disadvan[aged Business Enterpl-isa {DBQ iS ,ynonymciuu witl AdivarityfWamen Dusiriess l ALCrprks- (M1WRF). If hatiling services art ptilixeci, rthc prime will be given credit as lure as.rhc IvVWDE listed owns and operates at Feast ono fully licensed and operational truck to be used on the contract. The Mf91 BE may lease trueks from gnolhec G1MAV13E firm, including MWBE owner -operators; and rcc6ve full MAYBE credit, The M/W1313 may I�,,ase trucks frorn non-MiV1 Es, including owner -operators, ])Lit will only receive credit for the fe:s and commissions earocil by the 'V IW13E as outlined in the: lease agfecmcnt. 4i 12 or FORT WORTH [Times are reglxirwd to identify ALL subaorritraelorsfsuppliers, regardless of. blows, i,r.,, Minority, Women and nnn- Measc fist MIWBE fiTM2 first, use additiona[ sheets if necessary. Cer[Jfkea#ioa� # SUBCO�ITRACTOWSUP'PLIEfZ Company' Dame T ; (Check and R Detiiil f1 IMI N y Address M w C x NI Sub contracEhi Work Supplies Purchased D0[In r Amount Tetep€lone;l ax ' E k 7 R D () l3 C T E e� PA *� `•�r L �T t Lr � "l] fL [S�i �V, T �1 � I 1 !i f� 22I 1 5 1111 4� i� Primm arc rquired to identify AL LG wbtantractorslsappiieFs, regardlessoiKtflts]S, i,c-, MLnority, WOmm and nort-M/Wl3f?�. Picasc last MIW13E firrrz first, use add i6o al shc5u if necessity, CL`r'tlflcjikio i N 0 SVBL~ONTRACTOR?SUPPLTFR 7" (C+iCC { OfIG] Detail Detail N T COm}1arky Nauw. Address ; r M w C' x M Suliconfractiug Wark Supplies l'urchised Dollar Amount TelephunelFax r B 14 T R D () W R E E C_ T E Ai i Y 2 i �j �r l ii IF} �I II`I! - Iyi fF L � kI 555 1 i 9'1 FOR I WORTH Total Dollar Arttotint of 14' AV13L Subconiractor&suppliers Total DoIIar Amount of Non-IMAVRE S abcontractorsiSijpp[icrs TOTAL DOLLAR AMOUNT OF ALL US ONTF A TOR I UPPLIEIDS I to I` U no*u 0 k,C. C) ,, 0. Thck on[Tactoz: will not make additions, deletions, or ,ubStit1LtiGDJS to this coil ftt�d list without the prior approval of Minority and Women. Business I=.trterp-n.sc Office Manager -or designee through the subrriittal of a Request for Approval of ChangrlAddlf oit. Any unjustified chanSe or deletioii shall be a material broach of contrad and may result in dubaz7nent in accord with the procedures outlincA in the Ordinance_ The cpntl,actor shJ1 submit a detailed c n3attahon of hose the r�!quested changOi iddition or deletion will affect the corrunitted 1 BE goal. If the detail explanation is not submitted, it will affbct the final compliance determination_ key affixing a signature to this form, the 0fferot` further agrees to provide, directly to the City upon request, complete smd accurate informatior) regarding actual work perrormed by all subcontractors, including NT/W.033F(s) airangc�tnents submitted with the bid_ The Offeror also agrees to allow art audit andlor examination of any books, records and files hold by their Company_ The bidder agrees W allow thi2 transmission of interviews with owners, principals, officers, etnployees and applicable subcontractorslsupplierecontTactors participating on the contract that will substantiate the actual work perfor mtr d by the VJ 1D13E(s)tin this contract, by an authorized officer or nuployec oftlle City. Any Intentional andior snowing misrepresentation of facts wi11 be grounds for terminating the contract or debarment fiotn C itY }York for a pcz-iod of not le98 than three (3) years and for initiating action sander Federal, State or Local laws conceming false state�r7er,ts. Any failure to comply with this j�srdirlartce and creacu a maWrial breach of contract may resull in a determination of an iiTcsponsiW Offeror and barred from paAicipating in City work for a period of time not less tiara one (l ) year. Authorizer! Signature 4 C `111c Pri rlted Signature V CoPt2ei Nainefriile (If difYcreju} � V N+ � 4__ LAC ! 4- — U-1 ���nisans \ phc Tel ephoyno nn�jror f'ax +1Sttiress L-waia Airdass: (Sttl4�afrl ip Dale INTER -OFFICE C ORRESPONDENCE ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Date: November 19 , 2007 To: From: Gail Scott, Contract Compliance Specialist M/WBE Office Gloria Cook, Administrative Assistant, TPW /Business Support Subject: SIDEWALK CONTRACT -GROUP 5 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Bids for the above project were received on NOVEMBER 15 , 2007. Attached , for your review, is a copy ofM/WBE documentation submitted by the low bidder. Also included is a copy of the bid tabulation . Should you have any questions or need more information, please call me at X2852 . Gloria Cook CONTRACTOR MACVAL Associates, LLC $ APPROVED -PROJECT MANAGER: APPROVED -DBE ADMINISTRATOR: M/WBE PARTICIPATION SIDEWALK CONTRACT -GROUP 5 BIDS RECEIVED : NOVEMBER 15 , 2007 NAME BID D/M/WBE 436,245.00 Emmanuel Pipe Supply $ $ % TOTAL % DWMBE DWMBE DBE 120,000.00 28% 0% 0% 0% 0% 0% 0% 0% 28% DATE: DATE: PARTC SPECIAL PROVISIONS ------ SIDEWALK CONTRACT -GROUP 5 SPECIAL PROVISIONS TABLE OF CONTENTS 1. Scope of Work 2. Easements 3. Contract Award 4. Bid Quantities 5. Option To Renew 6. Termination 7. Reference Specifications 8. Bid Submittal 9. Warranty 10. Construction Staking 11. Traffic Control 12. Delays 13. Detours and Barricades 14. Parkways 15. Disposal of Spoil/Fill Material 16. Zoning Compliance 17.Clearing and Grubbing 18. Quality Control Testing 19. Property Access 20. Safety Restrictions -Work Near High Voltage Lines 21. Water Department Pre-Qualification Requirements 22. Right To Audit 23. Trench Safety 24. Subsidiary Work 25. Substitutions 26. Temporary Soil Erosion, Sediment and Water Pollution Control 27. Existing Utilities 28. Construction Notes 29. Sidewalk Locations 30. Contract 31. Work Orders 32.Payment 33. Determination and Initiation of Work 34 . Work Order Completion Time 35. Liquidated Damages 36. Non-Ex clusive Contract 37. Construction (Non-Pay Items and Pay Items) SP-1 SPECIAL PROVISIONS 1. SCOPE OF WORK: The work covered by these plans and specifications consists of the construction of standard concrete sidewalks, sidewalk ramps, and all other miscellaneous items of construction to be performed as outlined in the Specifications, which are necessary to satisfactorily complete the work. AWARDING OF CONTRACT AND CALENDAR DAYS: (a) Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid , which is considered to be in the best i nterest of the City. The contract will be awa rded to the lowest responsive and respons i ble bidder . (b) The number of calenda r days for the contract shall be 270. This contract shall be a purchase agreement, with the option of two (2) renewals, under the same terms, conditions, unit prices, and by mutual agreement of the Contractor and the City. 2. EASEMENTS: Contractor sha ll verify locations of all utilities and right-of-way easements as requ i red. The Contractor sha ll not hold the City of Fort Worth responsible for any delay in issuing works order for this Co ntract. 3 . CONTRACT AWARD: Contract will be awarded to the lowest responsive and responsible bidder. 4. BID QUANTITIES. Bid quant ities of the var ious items in the proposal are for compari son only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. No claim w i ll be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. In particular, the Contractor shall be aware that it is the City's intention that the quantities in the proposal be used for bidd i ng purposes only. The City does not guarantee the construction of any minimum quantity of work, and may order some or none of the work herein specified. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. Final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be no limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City . SP-2 5. OPTION TO RENEW: The City has the right to renew this contract for two (2) renewals under the same terms, conditions, and unit prices. The City shall give at least sixty (30) days notice prior to the expiration of 270 days from the date of execution of this contract or of an option period or a like notice at such time as there is less than $20,000 left unexpended. 6.TERMINATION: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 7.REFERENCE SPECIFICATIONS: This Contract and project are governed by the following published specifications (latest edition), except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH A copy of these specifications may be purchased at the Office of the Department of Transportation and Public Works, 1000 Throckmorton Street, 2nd Floor, Municipal Building,· Fort Worth, Texas 76102. The applicable specifications are indicated on the plans and in the Contract Documents. General Provisions shall be those of the City of Fort Worth document rather than Division 1 of the North Central Texas document. STANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES, TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 8. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the Contract Documents at any time. Failure to bid or fully execute Contract without retaining Contract Documents intact may be grounds for designating bids as "non- responsive" and rejecting bids or voiding Contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 9.WARRANTY: The Contractor shall be responsible for defects in this project due to Contractor's faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of each work order by the City. The Contractor will be required to replace at his expense any part or all of the project, which becomes defective due to these causes. 10.CONSTRUCTION STAKING: Construction stakes for line and grade will be provided by the City (if required) as outlined on page 17, Standard Specifications for Street and Storm Drain Construction, City of Fort Worth. SP-3 11.TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Texas Manual on Uniform Traffic Control Devices for Streets and Hiqhwavs" 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, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Traffic Services Division (phone number 871-8100), 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 Traffic Services Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Traffic control will not be paid for directly, but shall be considered subsidiary to the various bid items of the contract. 12.DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the Contract. 13.DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall be responsible for installing all construction signs, signals, and markings necessary to provide adequate traffic controls for purposes of construction. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. The furnishing, placing, and SP-4 maintaining of barriers and warning and/or detour signs by the Contractor will not be paid for di rectly, but shall be considered subsidiary to the various bid items of the contract. For sidewalk construction on arterial streets, lane closings will only be allowed from the hours of 9:00 a.m. to 4:00 p.m. The Contractor shall notify the Engineer and Transportation and Public Works Department prior to lane closures. Attached are typical Traffic Control Plan Details. Construction signing and barricades shall conform with the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 14.PARKWAYS: It is required that all parkways be excavated and shaped as required at the same time the sidewalk is constructed. Excess excavation will be disposed of at locations approved by the Engineer. Standard Specification Item 108, "Finishing of Parkways' shall apply. Contractor shall excavate all areas between the back of curb and sidewalk per the City's standard details or as directed by the Engineer. Contractor shall prepare parkways for re- sodding. Any parkway shaping is subsidiary to the unit price bid for sidewalk construction. 15.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 filing 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 material at a site without a fill permit or a letter from the administrator approv ing 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. 16. ZONING COMPLIANCE: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 17.CLEARING AND GRUBBING : All objectionable matter required to be removed within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102, "Clearing and Grubbing" and shall be subsidiary to the other items of the Contract. 18.0UALITY CONTROL TESTING: 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 asphalt 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. (a) 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 that are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (b) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the Contract. ( c) The Contractor shall provide not less than 48 hours notice to the City 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. ( d) 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. 19.PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 20.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 TEN FEET OF HIGH VOLTAGE LINES." ( C) 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. SP-6 When necessary to work within ten feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d)The Contractor is required to make arrangements with the TXU Electric Delivery 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 ten feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 21.WATER DEPARTMENT PRE-QUALIFICATION REQUIREMENTS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures and specifications described in the current Fort Worth Water Department General Specifications. 22.RIGHT TO AUDIT: 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. (a) 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. (b) 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: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus $0.15 for each page thereafter SP-7 ( c) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 23. TRENCH SAFETY: The Contractor must comply with the following basic requirements in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulat ions and ordinances. The Contractor shall provide all methods used for trench excavation safety protection includ i ng furnishing, designing, providing all materials, tools, labor, equipment and incidentals necessary, including removal of the system. 24. SUBSIDIARY WORK: Any and all work specifically' governed by documentary requirements for the project such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Parkway shaping, surface restoration, and cleanup are general items of work, which fall in the category of subsidiary work. 25.SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approved, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal", or "or approved equal" is not used in the SP -8 specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "Substitutions" shall be applicable to all sections of these specifications. 26. TEMPORARY SOIL EROSION, SEDIMENT AND WATER POLLUTION CONTROL: The Contractor shall provide all temporary soil erosion, sediment and water pollution control measures for the duration of the Contract in compliance with Federal (EPA), State of Texas, and City of Fort Worth regulations. The temporary measures shall include silt fences, temporary construction entrances, dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled- hay retards, dikes, slope drains, and other devices. Such prevention measures shall be in accordance with the North Central Texas Council of Governments Storm Water Quality Best Management Practices for Construction Activities. All work, materials, and equipment necessary to provide temporary erosion control shall be considered subsidiary to the Contract and no extra pay will be given for this work. 27. EXISTING UTILITIES: It shall be the responsibility of the Contractor to determine the existence of, to verify locations, elevations, and dimensions of adjacent and/or conflicting utilities in order that adjustments can be made to provide adequate clearances. The Contractor shall preserve and protect public utilities at all times during construction. Any damage to utilities resulting from the Contractor's work shall be restored at the Contractor's expense. Public utilities shall be notified when proposed facilities conflict with existing utilities. Contractor shall contact the following utility companies 48 hours prior to doing work at any location: SP-9 Fort Worth Water Department Field Operations 817-871-8296 Kristian Sugrim 817-212-2649 or 817-925-2271 Scott Neystel 817-212-2642 or 817-994-8663 Fort Worth Transportation & Public Works Light and Signal Division Dwayne Cox 817-871-8100 Roger Martin 817-871-8100 Fort Worth Transportation & Public Works (Storm Drain locates) Gordon Couch Atmos Energy (Gas) TXU Electric Delivery AT&T Dig Tess Call-Fiber Optics Location (MCI, AT&T, Sprint, etc.) Charter Communications 28.CONSTRUCTION NOTES: 817-871-8100 1-800-460-3030 or 817-215-4366 817-215-6688 214-821-9846 1-800-245-4545 817-242-9113 The following Construction Notes shall apply to the project: 1. All sidewalk joints shall be installed as shown on the attached drawings of the sidewalk layout. Contractor shall install expansion joints at all existing driveway connections. No driveway approach or driveway replacements are required unless approved by the Engineer. 2. All expansion joints shall be slip doweled using 24" #3 smooth dowel bars @ 18" C-C with sleeve and grease on one end. Redwood boards shall be used as expansion joint filler. ( 3. All construction joints (flagging) shall be installed using 3/16" wide tooled joints 3/8" deep. 4. No joint sealing is required for sidewalk construction. 5. All sidewalk ramps shall be installed prior to sidewalk construction. 6. Subgrade shall be compacted to have a uniform density of not less than 95% of the maximum density. Testing will be done by the City at the discretion of the Engineer. 7 . Concrete Retaining Wall With Sidewalk shall be paid for by the unit price bid per cubic yard . SP-10 29.SIDEWALK LOCATIONS: Contractor is to assume that new sidewalk/ replacements, are city wide . City will make a list of locations available at the Pre-construction meeting . IT IS THE INTENT OF THIS CONTRACT TO CONSTRUCT SIDEWALKS ANYWHERE WITHIN THE CITY OF FORT WORTH. The City reserves the right to increase or decrease the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted, with no allowances made for any antic ipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. 30.CONTRACT: This Contract shall be a purchase agreement with the option of two (2) renewals. Contract shall not exceed 270 calendar days following the date of the Contract nor exceed the total price, whichever should occur first. The Contractor shall be required to complete any work covered by a Work Order issued prior to the date of termination, but the Contractor will not be required to accept any work order for execution dated after the date of termination. At the -City's option and the Contractor's concurrence, the Contract may be extended for another term with a maximum of 2 renewals. 31. WORK ORDERS: Work Orders will be issued to the Contractor for work to be performed under this Contract. The Contractor shall start construction within 10 calendar days of receiving a written work order . The work order shall be deemed complete when the sidewalk is installed in accordance with the plans and specifications, and the sod has been installed to the satisfaction of the Engineer. If more than 2 work orders have not been completed in the required number of calendar days, then no further Work Order will be issued by the City until all Work Orders are complete. 32. PAYMENT: Whenever the improvements prescribed by an individual Work Order have been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time, perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will recommend acceptance of the work under that particular Work Order and recommend payment therefore. SP-11 If the Engineer finds that the work has not been completed as required, he shall so advise the Contractor in writing, furnishing him an itemized list of all known items, which have not been completed, or which are not in an acceptable condition. When the Contractor has corrected all such items, he shall again notify the Engineer that the improvements are ready for inspection, and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, an estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the Contractor after acceptance by the Transportation and Public Works Department Director, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials under that Work Order have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under that Work Order or any act or neglect of said City relating to or connected with the Contract. The making of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents, which specifically continue thereafter. 33.DETERMINATION AND INITIATION OF WORK: The Engineer shall determine and designate to the Contractor the location of the sidewalk requiring construction/replacement by a Work Order giving the limits and nature of work required. The Engineer will notify the Contractor that a Work Order is ready and fax the Contractor a copy of the Work Order notification. The Contractor is to provide his fax number to the Engineer at the pre- construction conference. Single or several Work Orders may be issued at one time. The Contractor shall initiate work within ten (10) calendar days of the date the Work Order is faxed to the Contractor, and continue work on the Work Order until it has been completed. The Contractor shall furnish and supply sufficient equipment and personnel to complete the Work Order in the amount of time provided for in the Work Order. Should the Contractor fail to start any Work Order within the time specified, he shall add the necessary work crews and equipment to prosecute the work to complete the Work Order or Work Orders in the time provided. SP-12 34. WORK ORDER COMPLETION TIME: The time of completion of each individual Work Order is an essential element of this contract. Each Work Order issued will have a maximum allowed number of calendar days for the completion of that specific Work Order. The Contractor agrees to complete the work orders within the allotted number of calendar days. Should the Contractor fail to complete an individual Work Order in the given amount of calendar days as specified on each individual Work Order, liquidated damages shall be charged as prescribed in Item 8, Paragraph 8.6 -Failure to Complete Work on Time, in the Standard Specifications for Street and Storm Drain Construction. Time of completion will be subtracted from the final pay estimate of that particular Work Order. The actual installed quantities amount will be used in determining the amount of calendar days allowed. 35. LIQUIDATED DAMAGES: The Contractor shall pay liquidated damages of one hundred dollars ($100.00) per day per Work Order, for failure to begin a Work Order within the ten (10) calendar days of the date the Work Order is faxed to the Contractor. If the Contractor fails to complete the project within the stipulated construction time on the Work Order, he will pay liquidated damages in the amount stipulated in these contract documents . 36. NON-EXCLUSIVE CONTRACT: This contract is non-exclusive. During the term of this contract or any renewal hereof, the City reserves the right to advertise and award another contact for like or similar work. If a second contractor is awarded, the City further reserves the right to issue work orders under either contract as it deems in its best interest, without recourse. 37 .CONSTRUCTION NON-PAY ITEMS: FINISHING OF PARKWAYS: All applicable provisions of Standard Specification Item 108, "Finishing of Parkways' shall apply. Contractor shall excavate all areas between the back of curb and sidewalk per the City's standard details. Contractor shall prepare parkways for re-sodding. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PREPARING RIGHT-OF-WAY. CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise prov i ded for shall be removed under this item in accordance with Standard Specification Item 100, "Preparing the Right-of-Way' and Item 102, "Clearing and Grubbing." No direct payment will be made for this item, and it shall be considered incidental to this Contract. SP-13 SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control' shall apply. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PROTECTION OF FENCES, TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including fences, 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. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PROPERTY OWNER NOTIFICATION: The Contractor shall provide flyers to all property owners adjacent to the proposed sidewalk locations. The notices shall be distributed a minimum of 5 calendar days prior to the start of construction on that street. Examples of these flyers are shown in the details . No direct payment will be made for this item, and it shall be considered incidental to this Contract. PRE-CONSTRUCTION WALK-THROUGH: No detailed parkway surveys have been completed for these sidewalks. Therefore, the Contractor shall meet with the Engineer and the Inspector at the proposed sidewalk locations prior to construction. City representatives and the Contractor will locate the proposed sidewalk locations based upon actual field conditions. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PAY ITEMS ( Units A & B) UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price comparable to the final cost of making necessary adjustments required due to improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. SP-14 PROJECT DESIGNATION SIGNS: The Contractor shall construct and install two (2) Project Designation Signs at the locations approved by the Engineer. 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 latest City standard detail. The sign shall be constructed of%" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and placed 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, connections to the support, and maintenance shall be to the satisfaction of the Enginee r . The signs shall include all materials, labor, equipment, tools and incidentals necessary to complete the work. REMOVE EXISTING CONCRETE FLATWORK: All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete' shall apply. Any saw cutting, removal, excavation, street repa i r, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Removal of flatwork for sidewalk ramp installation is not part of this pay item. The unit price bid per square yard shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. REMOVE EXISTING CURB & GUTIER: All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete' shall apply. Any saw cutting, removal, excavation, street repa i r, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Removal of existing curb and gutter for sidewalk ramp installation is not part of this pay item. The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. STANDARD CONCRETE 7" CURB & 18" GUTIER: All applicable provisions of Standard Specifications Item 502 "Concrete Curb and Gutter' shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. SP-15 .------- 4" CONCRETE SIDEWALKS: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveways' shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard concrete sidewalks as shown in the details or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instructional sign, street name sign, or other sign that has been erected by the City. The Contractor shall contact Signs and Markings Division, TPW (Phone 871-8075). Any excavation, compaction, saw cutting, removal, parkway grading, street repair, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Pay items are separated by total length of sidewalk installed along each street. Existing driveways, streets, and sidewalk ramps will not be considered as starting a new length of sidewalk when determining the appropriate pay item number for each street. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. CONCRETE RETAINING WALL WITH SIDEWALK: All applicable provisions of Standard Specifications Item 518 "Retaining Walls' shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct retaining walls with sidewalk as shown in the details or as directed by the Engineer. The unit price bid per cubic yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. 6" CONCRETE SIDEWALKS AT DRIVEWAYS: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveways' shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard 6" concrete sidewalks across existing HMAC or gravel driveways as shown in the details or as directed by the Engineer. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. HMAC DRIVEWAYS: All applicable provisions of Standard Specifications Item 312 "Hot-Mix Asphaltic Concrete' shall apply. The Contractor shall replace standard HMAC driveways disturbed by construction as shown in the details or as directed by the Engineer. The driveways shall be 6" thick: 2" thick HMAC surface course, Type D, on 4" thick HMAC surface course, Type B. Any compaction saw cutting, removal, excavation, parkway grading, and haul off of SP-16 removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per ton shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. FLEX BASE DRIVEWAYS: All applicable provisions of Standard Specifications Item 208 "Flexible Base (Crushed Limestone}' shall apply. The Contractor shall replace standard gravel driveways disturbed by construction as shown in the details or as directed by the Engineer. The driveways shall be 6" of compacted flex base. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. 6" CONCRETE DRIVEWAY APPROACH: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveways1 shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard 6" driveway approaches as shown in the details or as directed by the Engineer. Any compaction, saw cutting, removal, excavation, grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. CONCRETE SIDEWALK RAMPS: All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard concrete sidewalk ramps as shown in the details and as directed by the Engineer. Type 1 sidewalk ramps shall be constructed at intersections where 4' sidewalks are offset from the back of curb. Type 3 ramps shall be constructed at intersections where 51 sidewalks are adjacent to the back of curb. Use of Type 2 sidewalk ramps shall be restricted to locations where it is not feasible to use Type 1 or 3 and shall be paid for at the same price bid for Type 1 ramps. All grooved ramp surfaces (but not the sidewalk ramp wings or curbs) shall be colored with LITHOCHROME color hardener. A brick red color, a dry-shake hardener manufactured by L. M. Scofield Company or equal, shall be used in accordance with manufacturer's instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Pay Item. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. The Contractor may also use all applicable provisions of Standard SP-17 Specifications Item 104 "Removing Old Concrete" and Item 502 "Concrete Curb and Gutter" shall apply. Any parkway shaping and grading, curb and gutter saw cutting and removal, excavation, street repair, and haul off of removed material necessary for construction of sidewalk and ramps shall be subsidiary to the unit price bid for these items. Street voids caused by construction shall be filled with HMAC "Type D" mix for HMAC pavement per Item 312 "Hot-Mix Asphaltic Concrete". The unit price bid for each ramp shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. WATER METER AND GROUND BOX ADJUSTMENTS: This item shall include raising or lowering existing boxes to the parkway grade specified. No payment will be made for existing boxes that are within 0.1 feet of the specified parkway grade. The unit price bid for each water meter box adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. MANHOLE ADJUSTMENTS: This item shall include adjusting the tops of existing standard manhole rings and covers to match the proposed parkway grade as shown on the details. No payment will be made for existing boxes that are within 0.1 feet of the specified parkway grade. All applicable provisions of Standard Specifications Item No. 450 "Adjusting Manholes and Inlets' and Item No. 406 "Concrete for Structures' shall apply. The Contractor shall be required to use Class "A" concrete except as modified herein. The maximum water cement ratio shall not exceed 5.5 gallons per sack. A Type "A" water- reducing admixture and a Type "C" set-accelerating admixture may be used to achieve the earliest possible concrete setting times. The use of a set-retarding admixture will not be permitted. The concrete will be designed to achieve a minimum compressive strength of 3,000 pounds per square inch in 48 hours. If the concrete fails to reach the required 48- hour strength, the Engineer may direct that the concrete be redesigned as necessary to meet these requirements. Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections, per current City Water Department Special Conditions. The unit price bid for each manhole adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. SPRINKLER HEAD ADJUSTMENTS: This item shall include relocating existing sprinkler heads and including supply piping for sidewalk construction. No payment will be made for sprinkler head adjustments except those adjustments determined necessary by the Engineer. The unit price bid for each sprinkler head adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. SP-18 TREE REMOVAL: This item shall include removing existing trees for sidewalk construction. The Engineer must provide written authorization before the Contractor removes any tree. The unit price bid for each tree removed will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. TREE TRIMMING: This item shall include trimming existing trees for sidewalk construction. The Engineer must provide written authorization before the Contractor trims any tree. The unit price bid for each tree trimmed will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the 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 right-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 Con t ractor 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. REMOVE AND RELOCATE SHRUBS: This item shall include the removal and relocation of existing shrubs for sidewalk construction. The Engineer must provide written authorization before the Contractor . relocates any shrub. The unit price bid for each shrub relocated will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. REMOVE AND REPLACE DRAIN LINE (VARIOUS SIZES): This item shall include the removal and replacement of existing drain lines for sidewalk construction. The unit price bid per linear foot will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. SP-19 HMAC SIDEWALKS: All applicable provisions of Standard Specifications Item 312 "Hot-Mix Asphaltic Concrete' shall apply. The Contractor shall install HMAC sidewalks as shown in the details or as directed by the Engineer. The sidewalks shall be 2" thick HMAC surface course, Type D, on 3" thick flexible base. Any excavation, parkway grading, haul off of removed material, and compaction necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per ton shall be full compensation for furnishing and installing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. TOPSOIL: All applicable provisions of Standard Specification Item 116,"Topsoi!', shall apply. The unit price bid per cubic yard shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. Topsoil shall be placed as directed by the Engineer. 42" HANDRAIL WITH PRIMECOAT AND ALUMINUM OIL BASED PAINT: The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. SODDING: All applicable provisions of Standard Specification Item 118, "Sodding", shall apply. These items shall include sodding grass areas disturbed by construction at the locations directed by the Engineer. The unit price bid per square yard will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. HYDROMULCH: All applicable provisions of Standard Specification Item 120, "Seeding'', shall apply. These items shall include hydro mulching areas disturbed by construction at the locations directed by the Engineer. The unit price bid per square yard will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. CONCRETE STEPS: All applicable specifications for any flat work such as sidewalks, ramps, driveways and lead ramps shall apply to CONCRETE STEPS. Construction shall be done in accordance with City of Fort Worth, Texas -Construction Standard Drawing No. S -M3. SP-20 REMOVE AND REPLACE FENCE: All fences to be removed and replaced shall be replaced in kind. All posts shall be secured in 2 feet of 3000 psi concrete. DIAMOND PATIERN STEEL PLATE WALKWAYS: Walkways · shall be an industry standard or shall have four edges of plate stiffened with a minimum of 1" x 1" steel angle or 1" square tubular steel section and shall be capable of supporting an imposed load of 400 pounds at a maximum span of 3.5 feet. Plate shall be anchored to sidewalk at both ends. STREETS IN THE FIRST PHASE OF CONTRACT: The following are the streets that have tentatively been chosen for the first phase of this contract. These locations may be changed and substitutions made therefor. Periodic work orders will determine the order of locations that will be constructed. SP-21 0 ~T SY N OTI O !!!!!!!!!!.I The City of Fort Worth's Department of Engineering advises the property owners or tenants that construction of sidewalks will take place within the next five (5) days in front of or adjacent to your property. If you have any questions regarding this notice, please call the City's contractor, at _______ _ Thank you for your cooperation in this matter . .... ___ ....._ ___ NOTIFIOAOION -~. DDRT~.BII& El Departamento de lngenieria de La Ciudad de Fort Worth quiere notificarle a los residentes o propietarios de esta calle que se estaran instalando nuevas banquetas (aceras), en frente o al lado, de su propiedad durante los pr6ximos 5 (cinco) dias. Si tiene preguntas en relaci6n a este proyecto, favor de llamar al contratista de la Ciudad, ~~~~~~~al~~~~~~ Gracias por su cooperaci6n. City of Fort Worth Highway (Heavy) Construction Prevailing Wage Rates For 2006 Classifications Hourly Rates Classifications Hrly Rts Air Tool Operator $10 .06 Asphalt Raker $11.01 Asphalt Shoveler $8.80 Asphalt Distributor Ope rato r $13.99 Asphalt Paving Mach ine Operator $12 .78 Batching Plant Weigher $14 .15 Broom or Sweeper Operator $9 .88 Bulldozer operator $13 .22 Carpenter (Rough) $12 .80 Concrete Fin isher-Paving $12 .85 Concrete Finisher -Structures I $13.27 Concrete Pav inq Curbinq Mach. Oper. $12 .00 Concrete Paving Finishing Mach. I $13 .63 Oper. I I Concrete Paving Joint Sealer Oper. $12 .50 Conc rete Pav ing Saw Oper . I $13.56 Co ncrete Pav inq Spreade r Oper. $14.50 Concrete Rubber i $10 .61 Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor operator, Crawler Type Tractor operator , Pneumatic Travelinq Mi xer Opera tor Truck Driver-Single Axle (Light) Truck Driver-Single Ax le (Heavy) Truck Dr iver-Tandem Axle Sem i- Tra il er Truck Driver-Lowboy/Float Truck Dr iver-Transit Mix Wagon Drill, Bor in g Machine , Post Hole Driller Welder Work Zone Barr icade Serv icer $11.42 $12.32 $12 .33 $10.92 $12 .60 $12 .91 $12.03 $10 .91 $11.47 I $11.75 I $14 .93 $12 .08 ! $14 .00 l I i $13.57 I $10 .09 I I Crane , Clamshell, Backhoe, Derrick, I $14.12 Dragline , Shovel Electrician I $18 .12 1 1 ______ ,__i -i -~----------------+-+-----------------µ '--------------+-----'-----l--r-,:_-::~---_-_-_-:_-_-_-:::_-_-_-_-_-_~_-_-:__-_:[--_ J Flagger I $8.43 I Form Builder-Structures I $11 .63 Form Setter-Pavinq & Curbs i $11.83 i . Foundation Drill Operator, Crawler I $13 .67 I Mounted I Foundation Dr ill Operato r, Truck I $16.30 Mounted Front End Loader $12 .62 Laborer-Common $9 .18 ----'-----l------------,I ___ J I ---;-------;--1--------~1-----t Laborer-Ut ility I $10.65 Mechanic I $16 .97 Millinq Machine Operator, Fine Grade I $11.83 Mixer Operator I $11.58 I Motor Grade r Operator (Fine Grade) I $15 .20 Motor Grade r Operator , Rough Oiler I $14.50 Painter, Structures I $13.17 Pavement Marking Machine Oper. i $10 .04 I P ipe Layer I $11 .04 ! Roller, Steel Wheel Plant-Mix ! $11 .28 Pavements i Roller , Steel Wheel Other Flatwheel or I $10.92 Tampinq ! Roller , Pneumatlc , Self-Prope ll ed I $11 .07 I Scraper ! ! Reinforc inq Steel Setter (Pav in q) i $14 .86 i Reinforcing Stee l Setter (Structure) j $16 .29 I ! i ------+-------i-j----·--------------1--------1 ! i i ----'+----"'-'---+--~----: ---~-!--~ PARTD CERTIFICATE OF INSURANCE AND BONDS :--:.c(J.f'·'i; l. ;,f>P'.~n, '.;;, rr "-' :-, .... 6~Y~JJ trnv ~~t~~1~v n, t\f~·~rn, i~}{. CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C .A. Labor Code §406.96 (2000), as amended , Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Sidewalk Contract -Group 5 2004 Capital Improvements Program and City of Fort Worth Project No . 00893. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR: N\{;\e,.._\J f\L F\sso~; lli- By: ~ \\. ~2 ~-f:. Name: l\\...t)~~\\lS i\· \\tt~\; p, ~- Title : 2~)$\c\_~ Date: d:: .--\ 4--0 8 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 M~ \) f\:L ~~~' LLC for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this _t __ day oftZ~ '9 2o e~ , - TO: CERTIFICATE OF INSURANCE CITY OF FORT WORTH, TEXAS NAME OF PROJECT: PROJECT NUMBER: THIS IS TO CERTIFY THAT Date: (Name and Address or Insured) is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described . Exceptions to standard policy noted on reverse side hereof. Type of Insurance Policy No. Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury : Liability Insurance Ea . Occurrence: $ (Public Liability) Property Damage : Ea Occurrence : $ Blasting Ea. Occurrence: $ Collapse of Buildings or structures adjacent to Ea. Occurrence: $ excavations Damage to Underground Utilities Ea. Occurrence : $ Builder's Risk Bodily Injury : Comprehensive Ea . Person: $ Automobile Ea. Occurrence: $ Liability Property Damage: Ea Occurrence : $ Bodily Injury: Contractual Liability Ea . Occurrence: $ Property Damage : Ea. Occurrence: $ Other Locations covered: Desc ription of operations covered: The City of Fort Worth, Texas its officers, employees and servants are additional insured on all policies except Workers' Compensation. The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in Jess than five (5) days after the insured has received written notice of such change/or cancellation . Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the bod y thereof or by appropriate endorsement thereto attached. Agenc Fort Worth Agent B Address Title EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use : Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner \~ ~·..Jo . "2.-uO \)~c_-Wo~<:;;. ca\ 'Lco1 ,so 3 0. ti\.) List of projects your organization is now engaged in completing : Amount Of Contract Award Type of ·work Anticipated Date of Com letion List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Bond ) Amount of Bond I I 'I ', Name and Address of Owner Name and Address of )) r 4366436 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § That we, (1) Macval Associates, LLC KNOW ALL BY THESE PRESENTS: , as Principal herein, and (2) __ SureTec Insurance Company , a corporation organized under the laws of the State of (3) Texas , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein, in the sum of Four Hundred Thirty Six Thousand, Two Hundred Forty Five Dollars and No Cents Dollars ( $436,245.00 ) 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 5th day of February , 2008, a copy of which is attached hereto and made a part hereof for all purposes , for the construction of SIDEWALK CONTRACT - GROUP 5 2004 CAPITAL IMPROVEMENTS PROGRAM Prolect No. 00893 . 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 5th day of February , 200§. ___ ~ .. .,------------ -. _---------....... ---:: MACVAL Associates , LLC -'--::::-= = -... , ----,' . ~ '(Principal) Secretary PRINCIPAL By: &\\ <h • ~~\,1 \) ~ C:-' Name: Aloysius A. Attah , P.E (SEAL) ...... ----___... -.. ..... _ . ,-..., - (S E A L)_.--· )· -_ .. ,......_ ~ -_~ .. NOTE: (1) (2) (3) Title: ---'--P-'-'re=s=id=e=n;.;.;t:..-_____ _ Address: 8500 N. Stemmons Frwy 1 # 5060 Dallas 1 Texas 75247 Address: 57 41 Legacy Drive Suite 210 Plano Texas 75024 Telephone Number: 972-644-2688 Correct name of Principal (Contractor). Correct name of Surety. 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. 4366436 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, (1) Macval Associates, LLC , as Principal herein, and (2) SureTec Insurance Company , a corporation organized and existing under the laws of the State of (3) Texas , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Four Hundred Thirty Six Thousand, Two Hundred Forty Five Dollars and No Cents Dollars ( $436,245.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 5th day of February , 2008, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project SIDEWALK CONTRACT -GROUP 5 2004 CAPITAL IMPROVEMENTS PROGRAM Project No. 00893. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH , that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code , as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 5th day of February , 2008 . -------.. I" -. ----.. -----_-.. -----------_ '(Principal) Secretary (SE AL) gerJilu:Q~ Witness as to Principal A.:rT EST, ~ -_-- ~& fb_ hct ~ -I -~-~--~;=_-------- ' -----.= ;-. :: ($E A[) _.<:.__:---._- ~ ..... ---~ .... . ----- ~~ nessasto Surety MACVAL Associates, LLC PRINCIPAL By: ~ ~A ~J ~,-E:-, Name: Aloysius A. Attah, P.E Title: __ -.:....P.;..;re~s;;.:..id;;;;.e;:;.;n~t:.,_ _____ _ Address: 8500 N. Stemmons Frwy, # 5060 Dallas, Texas 75247 Address: 5741 Legacy Drive uite 210 Plano Texas 75024 Telephone Number: 972-644-2688 NOTE: (1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. 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. MAINTENANCE BOND 4366436 THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That Macval Associates, LLC ("Contractor"), as principal, and, SureTec Insurance 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 Four Hundred Thirty Six Thousand, Two Hundred Forty Five Dollars and No Cents Dollars ( $436,245.00 ), 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 5t11 of February , 20 .2§., a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: SIDEWALK CONTRACT -GROUP 5 2004 CAPITAL IMPROVEMENTS PROGRAM the same being referred to herein and in said contract as the Work and being designated as project number(s) 00893 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of 2 (Two} Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided . NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This ~bJi~i~n shall be a continuing one and successive recoveries may be had hereon for successive breaches Jmti l· thi f il l~_ amQunt hereof is exhausted . _, tN \Aftl'_NESS-WHE ~EOF , this instrument is executed in _§_ counterparts, each of which shall be deeme~ ari origi~l ;-t hi~ ~6~ day of February , A.D. 2008. -::-, --~--: -----.. ..,,.. --,.._ :: :: : -: ·: ... -_---..: - --......... MACVAI Associates I I G I ~ (Principal) Secretary PRINCIPAL By: ~ ~. ~' ~~ C · Name: __ A_lo __ y._s_iu_s_A_. _A_tt_a_h_. _P_.E_. __ (SE AL) (SE A [) : ............. - .---- Title: __ P_r_e_s_id_e_n_t ______ _ Address: 8500 N Stemmons FRWY # 5060 Dallas, Texas 75247 SureTec Insurance Company SUR Address: 5741 Legacy Drive S ite 210 Plano, Texas 75024 ~ itnessas to Surety Telephone Number: 972-644-2688 NOTE: (1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. 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. POA #: 4221050 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents; That SURETEC INSURANCE COMP ANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas , and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint William D. Baldwin, Brady K. Cox, Michael B. Hill, Suzanne C. Baldwin of Richardson, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suietyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/I 00 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company; to execute; acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(/h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMP ANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ~"" · \}RANc ~~~--~-······,f o. ~I 'I. "1\i /;i( w i~J State of Texas ss : a: \ ~ I -;: County ofHarris i '<:!:i:/ On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above · instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny, NotaryPublC August 27. 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMP ANY, do hereby certify that the above and foregoing is a.true and co rrect copy ofa Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and th~ seal of said Company at Houston, Texas this Sth February ry Any Instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake , Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies , coverage, rights or complaints at 1-800-252-3439 . You may write the Texas Department of Insurance at PO Box 149104 Austin , TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES : Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance . Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxlns, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria , allergens, histamines, spores , hyphae , or mycotoxins, or their related products or parts , nor for any environmental hazards , bio-hazards, hazardous materials, environmental spills , contamination, or cleanup , nor the remediation thereof, nor the consequences to persons , property, or the performance of the bonded obligations, of the occurrence , existence, or appearance thereof. Rev 11 .11 .03 PARTE CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into this the 5th day of February , 20 08 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, AD., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Macval Associates, LLC HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith , the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows : SIDEWALK CONTRACT -GROUP 5 2004 CAPITAL IMPROVEMENTS PROGRAM Designated as project number, ___ 0_0_89_3 ___ _ 2 . That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein . 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 270 (Two Hundred Seventy) calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$ 210 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to C-2 property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees . In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may , if he deems it appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make , execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work , such bonds being as provided and required in Texas Government Code Section 2253, as amended , in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price , and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive , for all of the aforesaid work , and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be FOUR HUNDRED THIRTY SIX THOUSAND, TWO HUNDRED FORTY FIVE DOLLARS & NO CENTS $436,245.00 C-3 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified , promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein . 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six (6) counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six (6) counterparts with its corporate seal attached. C-4 Done in Fort Worth , Texas , this the _.....;5::;._th __ day of __ __:_;Fe=b:..:..ru=a=ry.1--_, 20 08. RECOMMENDED: CITY OF FORT WORTH ------~Cl DIRECTOR, DEPARTMENT OF ENGINEERING APPROVED : , TRANSPORT TION AND WORKS (Contractor) BY: §\l_ ~. t\fu_6, p. E · (Representative) (TITLE) ASSISTANT CITY MANAGER ATIEST: W~ke CITYSE~ (SEAL) !, S ~ o N., S.t,e.-'ll'v'\.w-..o~ tr~ ~.solot> APPROVED AS TO FORM & (Address) l LEGALITY: (City/State/Zip) November 1960 Revised May 1986 Revised September 1992 ASSISTANT CITY A TIORNEY C-5 Project Designation Sign APPENDIX STANDARD DETAILS Special Layout Detail (around obstructions) Driveway Approach Standard 7" Curb & 1 '-6" Gutter Standard 7" Curb & 2'-0" Gutter Roll-over Curb Driveway Approach Roll-over Curb & Gutter 10' Parkway Sections 15' Parkway Sections Typical Joint Layout@ Curb, Gutter, Ramps & Driveway (Detached Walk) Typical Joint Layout@ Curb, Gutter, Ramps & Driveway (Combination Walk & Curb) Accessibility Ramp X-Section Accessibility Ramp Pay Limits Accessibility Ramp Joint Detail Accessibility Ramp Typical Cross Section Accessibility Ramp Types Accessibility Ramp Slope Details Accessibility Ramp Type-I, 15' Radius Accessibility Ramp Type-I, 20' Radius Accessibility Ramp Type-III, 15' Radius Accessibility Ramp Type-III, 20' Radius High Volume Driveways Concrete Retaining Wall with Sidewalk Handrail -Typical Sidewalk Detail Traffic Control Plan TCP (2-2)-03 Traffic Control Plan TCP (2-4)-03 Traffic Control Plan TCP (2-5)-03 4'-0" FONTS: PROJECT DESIGNATION SIGN ~-------4'-o" -------~ c PMS-288 11" 4 r:[foRT WORTH~,'.. 51··'.....__. ---r 4 2 L_ PMS•IG7 =13" 3"C Project Title 1 ,.. 3 "C 2ND LINE 1 IFNECESSARY_/ ~ 3" 1 r====== Contractor: ~ 1 " 2 rrcontractor's Name I 2 1 f:::C Scheduled Completion Date 1 f Year 1 " 7f 1" 2 5" FORT WORTH LOGO = CHELTINGHAM BOLD ALL OTHER LETIERING = ARIAL BOLD LOGO COLORS: FORT WORTH -PMS 288 LONGHORN LOGO -PMS 167 LETIERING -PMS 288 BACKGROUND -WHITE BORDER -BLUE ... \Project Sign.dwg 9/25/2006 2:48 :05 PM PROJECT DES IG NATION SIGN CITY OF FORT WORTH-CONSTRUCTION STANDARD DRAWING NO. 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