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HomeMy WebLinkAboutContract 40498THIS COPY IS FOR : __ CONTRACTOR __ CONTRACTOR 'S BONDING C THE CITY OF FORT WORTH, TEXA~CITYSECRETARY ~ 4n49~ -SPONSORING DEPT CONTRACT DOCUMENTS FOR __ PROJECT MANAGER __ TPW FILE COPY VICKERY/ HULEN RETAINING WALL PERMANENT REPAIRS TPW PROJECT NO. GG01-539120-0202003 MIKE MONCRIEF DALE FISSELER, PE / MAYOR CITY MANAGER William Verkest, P.E. Director, Transportation & Public V\lorks Department George Behmanesh, P.E. Assistant Director, Transportation & Public Works Department Prepared By Transportation and Public Works Department Infrastructure Group OFFICIAL RECORD CITY SECRETARY FT. WORTH , TX MAY 2010 06-25-1 O A09: 24 IN Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/4/2010 DATE: Tuesday , May 04 , 2010 REFERENCE NO.: **C-24200 LOG NAME: 20VICKERY/HULEN RETAINING WALL PERMANENT REPAIRS SUBJECT: Approve a Contract with Craig Olden , Inc ., in the Amount of $275 ,000.00 for the Permanent Repair of the Retaining Wall Located at Vickery Boulevard and Hulen Street Intersection (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council approve a contract with Craig O lden , Inc ., in the amount of $275,000.00 for the permanent repair of the retaining wall located at the Vickery Boulevard and Hulen Street intersection . DISCUSSION: On the evening of February 5, 2010 , a section of retaining wall collapsed on the north side of Vickery Boulevard just west of Hulen Street. In order to ensure the safety of the homes on the hill above the retaining wall and to restore at least one lane of westbound traffic on Vickery Boulevard , the Transportation and Public Works Department staff undertook emergency measures to stabilize the remainder of the retaining wall. Engineers from the firm of Freese and Nichols , Inc ., and Craig Olden , Inc., construction contractors assisted the City in evaluating the site and provided the design and construction of temporary struts to stabilize the wall. This work was completed on February 7 , 2010 and one lane of westbound traffic on Vickery Boulevard was reopened ; however, the ramp off of southbound Hulen Street onto Vickery Boulevard remained closed as the support struts were secured in that lane of traffic. This emergency contract , exempt from the competitive bid requirement as a procurement necessary to preserve or protect the health or public safety of the municipality's residents , was ratified by the City Council on March 2 , 2010, (M&C C-24118). After the wall was stabilized Freese and Nichols , Inc., and Craig Olden , Inc ., continued working with the City to investigate the cause of the failure and develop a design for the permanent repair that includes replacing the failed section as well as reinforcing the remainder of the wall to prevent future failures . The design for the permanent repair is now complete . In order to complete the permanent repair and reopen the southbound Hulen Street ramp and westbound Vickery Boulevard , staff recommends the contract with Craig Olden , Inc., in the amount of $275 ,000.00. A waiver of the goal for M/WBE was requested by the Transportation Public Works Department and approved by the M/WBE Office because a public or administrative emergency exists which requires the goods and services to be provided with unusual immediacy . This project is located in COUNCIL DISTRICT 7. ittp ://apps.cfwnet.org/ ecouncil/printmc.asp ?id= 13 481 &print=true&Doc Type= Print 05 /20/10 FISCAL INFORMATION/ CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget , as appropriated , of the General Fund . FUND CENTERS: TO Fund/Account/Centers Page 2 of2 FROM Fund/Account/Centers GG01 539120 0202003 $275 ,000 .00 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) William Verkest (7801) George Behmanesh (7914) 1. 20HULENVICKERYRETAININGWALL.Rdf (Public) 2. 20VICKERY HULEN RETAINING WALL MWBE WAIVER.gdf (CFW Internal) 3. genfundverification.doc (CFW Internal) ttp://apps.cfwnet.org/ecouncil/printmc.asp?id= 13481 &print=true&DocType=Print 05 /2 0/10 MAYOR AND COUNCIL COMMUNICATION MAP 20HULEN VICKERY RETAINING WALL DETAIL OF PROJECT LOCATION 0 TABLE OF CONTENTS 1. Special Instructions to Bidders 3. Minority and Women Business Enterprise Specifications 4. Proposal 5. Special Provisions 6. Prevailing Wage Rates 7. Vendor Compliance 8. Contractor Compliance with Worker's Compensation Law 9. Certificate of Insurance 10. Equipment Schedule 11. Experience Record 12. Performance Bond 13. Payment Bond 14. Maintenance Bond 15. Contract 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 Transportation and Public Works Department at (817) 3 92- 2486. Bids that do not acknowledge all applicable addenda will be rejected as non- respons1ve. SPECIAL INSTRUCTIONS TO BIDDERS - I - 4. AW ARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsi v e bidder. The City reserves the right to reject any or all bids and w ai v e any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business day s from the date that the M/WBE UTILIZATION FORM, PRIME CON TRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is receiv ed b y the City. 5 . PAYMENT, PERFORMANCE AND MAINTENANCE BONDS : The successful bidder entering into a contract for the work will be required to gi v e 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 aw arded . The form of the bond shall be as herein provided and the surety shall be acceptable to the City . A ll bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Go v ernment Code, as amended. A. If the total contract price is $25 ,000 or less , p ayment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the dat e the work has been completed and accepted by the City. B. If the contract amount is in excess of $25 ,000 , a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100 ,000 , a Performance Bond shall be ex ecuted, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans , specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D . A Two-y ear 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) hav e 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 SP ECIAL INSTRUCTION S TO BIDDERS -2 - 6. 7. 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. 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 prov1s10n 5159a of "Vemons Annotated Civil Statutes" of the State of Texas with respect to the payment of prev ailing 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 Transportation and Public Works for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must pro v ide, along with executed contract documents and appropriate bonds , proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1 ,000 ,000 per occurrence, $2 ,000,000 aggregate); and Automobile Insurance ($1 ,000 ,000 each accident on a combined single basis or $250 ,000 property damage/$500 ,000 bodily injury per person per occurrence . A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements , see Special Instructions to Bidders -Item 16. ADDITIONAL INSURANCE REQUIREMENTS : A. The City, its officers , employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents , 1000 Throckmorton Street, Fort Worth, TX 76102 , prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. SPECIAL INSTRUCTIONS TO BIDDERS - 3 - D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A .M . Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits , or self-funded retention limits , on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than 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 policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss . L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents . 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS - 4 - "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 pro vision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/W OMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923 , as amended by Ordinance No. 13471 , 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 Wai ver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p . m. fi v e (5) City business days after the bid opening date , exclusi ve of the bid opening date. The bidder shall submit the documentation at the reception area of the Transportation and Public Works Department ("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 ofM/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 SPECIAL INSTRUCTION S TO BIDDERS - 5 - 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 pro vided , and provide a brief explanation. • The Contractor shall pro vide 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 w ere received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and /or proof of payment on a monthly basis , the M/WBE Office should be notified . If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2 . If the change affects the committed M/WBE participation goal , state clearly how and why in documentation. a. All requests for changes must be re viewed and pre-approved b y 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 pro vide 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 SPECIAL INSTRUCTION S TO BIDDERS - 6 - grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements ; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13 . AMBIGUITY : In case of ambiguity or lack of clearness in stating process in the proposal , the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14 . PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less 5% retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c . The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages , the parties shall attempt to resolve the differences within 30 calendar days. 15 . 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 SPECIAL INSTRUCTIONS TO BIDDERS -7 - 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 equipment bums Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternativ e fuels such as CNG . If the Contractor is unable to perform continuous work for a period of at least sev en 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 da ys of a gi ven month . 16. WORKERS COMPENSATION INSURANCE COVERAGE : Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of co v erage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a co verage agreement (TWCC-81 , TWCC-82 , TWCC-83 , or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity emplo yees 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 go v ernmental 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, pro viding, hauling , or delivering equipment or materials , or pro viding labor, transportation , or other service related to a project. "Services" does not include activities unrelated to the project, such as food/be verage vendors , office supply deliveries , and delivery of portable toilets. B. The contractor shall provide coverage , based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the SPECIAL INSTRUCTIONS TO BIDDERS -8 - coverage period , file a new certificate of coverage with the go vernmental entity showing that coverage has been extended. E. The contractor shall obtain from each person pro viding services on a project, and pro vide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the Cit y will have on file certificates of co v erage showing co v erage for all persons pro viding services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage sho wing extension of coverage, if the coverage period shown on the current certificate of co v erage ends during the duration of the project. E. 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 b y certified mail or personal deli v ery, within ten days after the contractor knew or should hav e 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 pro viding services on the project that they are required to be co v ered , and stating how a person may v erify coverage and report lack of co verage . I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide co v erage , 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) pro vide the contractor, prior to the end of the co v erage 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 SPECIAL INSTRUCTION S TO BIDDERS - 9 - (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing servi ces on the project ; and (7) contractually require each person with whom it contracts , to perform as required b y paragraphs (1) -(7), with the certificates of co v erage 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 go v ernmental 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 ci v il actions. K . The contractor's failure to comply with any of these provisions i s 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 tex t 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." SPECIAL INSTRUCTIONS TO BIDDERS -10 - "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers , members , agents or employees who engage in the performance of this contract shall , in connection with such employment, advancement or discharge of employees or in connection with the terms , conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members , agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend , indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state , or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -11 - l .a ~ .. .. /oLDEN/ Craig Olden, Inc. May 11 , 2010 Mr. Fernando Costa City of Fort Worth 8851 Camp Bowie West Fort Worth , Texas 76116 George .Behmanesh@fortworthgov.org Re: Hulen & Vickery -Emergency Repair -Phase 2 Change Order REVISION #3 Emergency Repair COINC# 40159 Dear Mr. Fernando Costa : We appreciate the opportunity to work with you and to quote complete and in-place, subject to the Notes listed below , and the attached public conditions , thereto the following work at the above referenced site . Wall Repairs Per the Craig Olden, Inc Drawings Dated 05/10/2010 Including additional notated items listed below. Notes : Lump Sum $ 275,000.00 1. This Change Order is based on the original terms and conditions of the Craig Olden, Inc Contract signed by Mr. Fernando Costa dated February 23, 2010. 2 . Engineered shop drawings for the Phase 2 Work are attached and have been prepared by Craig Olden , Inc ., a Texas Registered Professional Engineering firm . 3. Excavation for the proposed work shall be by COINC , disposal of excavated material shall be by COINC . 4 . Price includes Removal and replacement of existing Chain Link Fence where required . Removal and replacement of concrete flume in the failure area , as well as rejoining existing flume by injecting foam at approximately 6 large cracks . COINC will also fill any voids below the existing flume with grout or other approved material. 5. Soldier Beams will be galvanized prior to placement. 6 . 24 each 3"Core ho les and drains through existing concrete wall and temporary shotcrete . 7 . This quotation is based on one (1) mobilization for each item , each additional mobilization will be $5 ,000 .00 8. IT SHALL BE UNDERSTOOD THE DRAWINGS FURNISHED BY CRAIG OLDEN, INC. (HEREINAFTER COINC) DATED 05/10/2010 INCLUDE PROPRIETARY DETAILS AND DESIGN CONCEPTS AND ARE THE INTELLECTUAL PROPERTY OF COINC. AS THE AUTHOR OF THESE DOCUMENTS AND DRAWINGS, COINC SHALL RETAIN ALL COMMON LAW, STATUTORY, AND OTHER RESERVED RIGHTS INCLUDING THE COPYRIGHT. PROVIDED THAT THE OWNER AND COINC CONTRACT TO CONSTRUCT THE CONTEMPLATED IMPROVEMENTS, THE OWNER SHALL BE PERMITTED TO RETAIN COPIES OF THE DRAWINGS AND OTHER DOCUMENTS FOR INFORMATION IN CONNECTION WITH THE OWNER'S USE FOR THE PROJECT. THE DRAWINGS SHALL NOT BE USED BY THE OWNER ON OTHER PROJECTS OR FOR CONSTRUCTION OF DETAILED IMPROVEMENTS BY ANYONE OTHER THAN COINC UNLESS COINC IS ADJUDGED TO BE IN DEFAULT OF ANY CONSTRUCTION AGREEMENT. SUBMISSION OF DOCUMENTS TO MEET OFFICIAL REGULATORY REQUIREMENTS OR FOR SIMILAR PURPOSES IN CONNECTION WITH THE PROJECT IS NOT TO BE CONSTRUED AS PUBLICATION IN DEROGATION OF COINC'S RESERVED RIGHTS. P.O . Box 5000, Little Elm , TX 75068 • 972.294.5000 • 1.800.422.4667 • Fax 972.294 .2664 , www.oldeninc.com If this document is acceptable as an agreement to work by , please sign and return one copy . CRAIG OLDEN, INC. ~~ ACCEPTED: Fernando Costa , Assistant City Manager By : Title : Date : CONCRETE FLUME (TIE IITTO EXISTING FlUME EACH ENO) TOP OF WALU MATCH PAE-EXISTING WALL HEIGHT AND ALIGNMENT e·-rTYP. VARIES 12.0'MIN. FREE OAAlN ING BACKALL•ENCAPSULATE WITH FILTER FABRIC (ASTM C33 1-112" MINUS) 12" RE INFORCE D SHOTCRETE FACING 8" MIN. REINFORCEO SHOTCRETE PILASTER EXISTING PAVEMENT C,,, VICKERY BLVC) HVOOOPHILIC WATER STOP (SYNKO-FlEX OR EQUAL) 24" DRILLED SHAFT BOTTOM OF SOLDIER PILES I : I EXTEND CONCRETE ORILLEO SHAFTS AS REOO TO L _ ..J ACH IEVE 12 FT MlN . PENETRATION INTO GRAY SHALE EXISTING GRADE 2 FT CLAY CAP 4• CORES THROUGH SHOTCRETc FACING di> 10 FT HORIZOITTAL SPACING INSTAll 3" DIA SO R 35 PVC ORA.IN PIP!!. WITH MACTEX MX27!1 OEOTEXTILE BACKING W.TERIAl AN D GROUT ANNULUS WITH 3000 PSI MIN 21,,0AY GRCl.IT EXISTING SOIL NAILS APPROX. GRAY SHALE ELEV. ANCHORS · REF . BAR ANCHOR DETAILS, SHEET 3 ------------- FREE DRA INING BACKFLL NOTE : EXCAVATE WITH HANO AUGER PACK HOLE Willi WET SANO (ASTMC33) PLACE FREE CRAIN ING BACKFll. BE FORE SANO CRIES OUT ENOUGH TP SLOUGH OUT OF HOLE TYPICAL ANCHORED SOLDIER PILE WALL SCALE : N.T.S. [OLDEN / Craig Olden , Inc. TIIIAI._...,,,_ lliOCJMTICIMHO.l- a 1 1 IHAMAN MWII Ml UTl\.l&M. T'EICAl1'* ffl.1171)-..000 """"'- CONST1ftJCTION • ~&RfNQ • DESIGN I IHIILD l!AlfTH RETENT10N S PECIA U11111 FOR OVER 35-VEA RS z 0 i= (.) ::, >-a: t; Cl) 0: ~ UJ z :x: 8 w () I-w :i:: > '!: 1-- c1j z a: 0 ~ z ~ UJ I-...J ci a: ::::, w 0 I ~ u. w a: ..J ..J ~ O:tt10 C:IWGot.MH,1NO. ,,. *9' ~!lldudrld '*-...... ~ p~crlCtaifoio..111;. ~-,,ii1"9 M f'.N'b.cScwl ., .. °',..,,"'"'OWICIPtt ~llldOll1"'*1\WOg1'nlc8Y ~~lllt •!l?l- wrftl .. __,crlc,altOIIIWl,IIIO. t>MWN IV : OOI ICALI : l°•I' Pf!OJECTNO : 40 1• 0.-.TI!: 1-10.10 SEC TION 1 OF 7 SHEET NO. L 3 X 3 X 318 0 8,0' MAX. VERTICAL SPACING 12" MIN. STAGE 1 SHOTCAET! FACING REINFORCED W/ 4 X 4 -W2.9 X W2 .9 WWM ANO CONTINUOUS #8 HORIZ. BARSC, 12" 0.C. HEX HUT (1-318" DIA. ASTM A722) 12" X 7.6" X 1.25" STEEL PLATE (FY• SOKSI) 1• .0 HOLES FOA HORIZONTAL REINFORCEMENT DBL C12X20.7 6" TYP. STAGE 2 SHOTCRETE FACINO REINFORCED WI 4 X 4 • W2.9 X W2.9 WW MESH ANO 14BARS (f 1e· o.c.e.w. 3.5" X 3/4" 0 STUDS WI 1·114" 0 X3/a" HEADS 0 18" VERTICAL SPACING 8" DIA. DRILLED HOt.E Fl l4&0 W/ NEAT CEMENT GROUT 0BL C12X20.7 3.5" X3/4' 0STUDS WI 1·1/4"0X 3/8" HEADS @ 18'VEATICALSPACING SECTION EXISTING 4" REINFORC&O SHOTCRETE FACING ,2.5" CIA SCH40 PVC PIP E OVER UteONDEO LENGTH SeALED O.~ EACH ENO 1-&'8" CIA. GRADE 150 ASTM A722 a· TYP. STAGE 2 SHOTCAETE F~INO REINFORCED W/ 4 X 4 • W2.9 X W2.9 WtN, A~D# 4 BARS@ 16" O.C.E.W. 12'" MIN . STAGE 1 SHOTCRETEFACING REINFORC!O WI 4 X 4 • W2.9 X WZ.9 WWM ANO CONTINUOUS #8 HORlZ. BARS O 12" O.C. I' WIDE X 1-1/2" DEEP VERTICAL CONTROL JOINTS (t 4•,a-SPACING CENTERE D AT Pll..£S ANO MIDSPAN AL LEO WI ELASTOMEAIC JOINT COMPOUND NOTES : ANCMORS 1. ANCHOR BARS AND HARDWARE SHALL BE AS MAMJFACTUAED BY OVWIDAG SYSTEMS INTERNATIONAL 2. ANCHOR PLAfES SHALL BE 50 KSI S"raEL 3. GROUT SHAU BE NEAT CEMENT ANO SHALL CONFORM TO MTM C150 AND ACHIEVE A MINIMUM 3-DAY COMPRESS IVE STRENGTH OF 4000 PSI . 4. ANCHORS SHAU. HAVE Cl.ASS 1 CORROSION PROTECTION IN ACCORDANCE Wm! PTI OUlDEUNES. 5, ANCHORS MAY BE POST-OAOUTED AT TliE OPTION OF 111E CONTRACTOR TO REDUCE TIEBACK BONDED LEN01HS. TIEBACK BONDED LENGTHS MAY BE REDUCED TO A MINIMUM OF 30 FT SUBJECT TO SATISFYING TESTING AEO UIA EMENTS ANO OESIGN LOADS SPECIFIED. 8. ANCHOR DESIGN LOAD• 122 KIPS. ANCHORS SHA.LL 8E STRESSED ANO LOCKED OFF AT 87% O.L • 82 K1PS. MATERIAL.I 1. SOLDIER PILE STEEL SHALL BE ASTM Ni72. GRADE 50 AND GAI..VANIZEO. 2. SHOTCRETE SHAU. ACHIEVE A MIN IMUM 2&-0AY COMPRESSIVE STRENGT11 OF 4000 PSI. 3. CONCRETE useo FOR SOLO I ER SHAFT INFILL SH>.LL BE TXOOT ci>..ss A (MIN 28--DAY tc • 3000 PS I). 4. STEEL RE INFORCEMENT SHAU CONFORM TO ASTM A81!!i, GRAC E 80. /5, WEl.~EO WIRE FABRIC REJNFORCEMENT SHAU. CONFORM ~O ASTM A.185 (Fy • 85,000 PSI). 1·:W' DIA . 150 KSI BAA WITH CLASS 1 CORROSK)N PROTECTION IN ACCORDANCE WITH PTI GUIDELINES (REF. DETAILS, Sl<fET 3) / FREE DRAIN ING SACKFILL / I (ASTMC33M/2"MINUS) l.'. 24' DIA. ORllLEO SHAFT (BELOW) ~~ ........ ~ ··.~·, I:/ N '\•.', ., ............................... ~ /OLDEN/ Craig Olden , Inc. ---IWlll'fMrotMO.- .... ~Jl!Wft!l/11) um.111.M,TIX,\f,... \'t>.lffll- ,,..(1711 ..... COHffilUCTION ENGINEEIIIN(J OUJtJN / IUfLD EARTH R8T•NnON SPECIAL/.STS FOR OVER 35 YEARS z 0 ~ () ~ >-a: I-(/) a: (/) < w z 1'.iS ~ 8 () I- w ~ > a: ol:I z a: 0 ~ z ~ w < ii: ...I ci :, w 0 I ~ u.. w a: .....I .....I ~ Oao10C1U.IOOLDIH,11tC. l'llldelVI~~ ~-... \NI...,,....._ """*'1 ol en;; OIIIIII, --0.tdllll.n. IIIOw,,III • Nllbi.*111 ... Olp.wtolf,j/oonllll* OMtlNd OIi ... ,ri11fll:19 1' lCllcillJ' ~bl'9CI """'°~Ni..--llllinHoonMA1alc:n;gOllll,,1nc. OUIGNEDIY : CCII CHE0C£0 IY : MK DAAWN8V: COi I. MARIOS KOFTEROS 1 ~ ............................... J IC,t,IJ:: PH.I. i-----------------8.33'lYP. -----------------4 ',i· 97343 .~.., . II o_;;•,,ftcENst.~ ..• ~~ .:' j .!/ t,,~iioiii.1.f.~o/()5 /JI /Jo 1-;-;-L-D-IE_R_•-;-;~-E--1 '''''-'_.., ? DETAI LS 20F7 PLAN DETAIL 0 ~~"C~~RED SOLDIER PILE/ FACING DETAIL SHl!fTNO. HEX NUT (1-318• CIA. ASTM A722) 12" X 7.5" X 1.25" GALVANIZEO STEEL PLATE (Fy • SOKSI) ~ 3/4' CIA. GROUTINO HOLE 12· •-' I 1•3/4' DlA. HOLE _:_i___i 11 • X TX 1-112" A36 PL STEEL PLATE 3" DIA. SH!ATHINO Fl.LEO WITH CORROSION INHIBITING COMPOUND (UNBONDEO LENGTH) NEAT CEMENT GROUT L 4 X 4 X 11'2" GALVANIZED 7" DtA. GALVANlZ£D TRUMPET PER PTI STANDARD LEVEL OF SECONOAAY GROUT 6' OIA. SCHED 40 PVC PIPE T DIA. GALVANIZED TRUMPET PER PTI STANDARD"" 0BLCl2X20.7 ~ ~ 11·xrx H/2'A38Pl _J •. l TYP. PLAN DETAIL 1 ·3/8" DIA. ASTM A7'l2. 2• DIA. CORRLIGATED POLYETHYLENE SHEATHI~ FlLLEC W!'T>< GAOUT (FUU. LENG™) SECTION A-A 1-318" • 1.50 KSI BAR 3" DIA . SCH40 PVC PIPE OVER UNBONOED LENGTH SEALE D ON EACH ENO 2" DIA. CORRUGATED POL YETHY1.ENE SHEAlHING FILLED WITH GROUT (FU1.L LENGTH) NEAT CEMENT GROllT SECTION B·B 1-318" DIA. GRADE 150 ASTM A7'22 NEAT CEMENT GROUT 2· DIA. CORRUGAT'fD POL YETHYlENE SHEA THtNO FILLED WITH GROUT (FULL LENGTH) 1·318· • 150 KSI BAR /OLDENJ ~~~=,Inc . Nll!lkM-UHl"WNIPIO UTTU:&M,TIXAl,- Tll.(ln)lk«ICIO 'Alttln) ..... CONtlT1IUCTIOH • EHOIHEElttHO • 06S/OH 1 •UIC.D EARTH Rl!Tl!NTION SPl!CJAUSTS FOR OVEII 35 YEARS z 0 t ::::> >-f!: rn a: rn c( w z X ~ 0 w (.) () I-w t > a: ~ z cc 0 ~ z ~ .w I-_J ci a: :::::> w 0 I ~ u.. w a: ..J ..J c( s: 0 201D C,WO OUJP. IC, n. ..... flOl'ICtPlt lrQxllcl .,_ .,. 1N ooffl'IIIIIIN '"'*"° tf Cillig Olowi, Ille. Oilooan. cop/i'I; or cllll'lallOl'I 111810,panlllhaor-v,t Dtl!tainedonft'1dr....ir.lla!CIIJ' p,oMlillldtlfthDullhlt .... W!i!llnCICNtll!IIICla'gOi:1111.lrc. Oli.llGl'IEOIY : COi C1-4lCKEOBY : MK 9CALE : M.T.I.. PROJECT M): .a1SI OATE : ~10.1D BAR ANCHOR DETAILS 30F7 SHEET HO. CONCRETE FLUME EXISTING WALL FACIOO VARIES VARIES EXISTING GRADE EX ISTING WALL FOOTING NOTES : 1. FILL VOIDS BELOW CONCRETE FLUME IN VICINITY OF WALL JOINTS USING URETHANE FOAM. INJECT FOAM THROUG H APPROXIMATELY SIX LARGE LATERAL CRACKS IN FLUME . 2. RESTORE CHAIN LtNK AaovE WALL EXISTING GRADE TYPICAL ANCHORED CONCRETE WALL SCALE : N.T.S. URETHAN E FILLER (SIKAFIX HHLV OR EQUAL) 01-.;;..~.;;;...;.~N .... ~-.T.~-. I-L_LE_R ___ D_E_T_A_IL __ _ 4 STAANC ANCHORS WITH CLA SS 1 CORROSION PROTECTION IN ACCORDANCE WITH Pl1 GUIDELINES (DESIGN LOA D•134 KIPS) /OLDEN/ NI a UWWI PNRI Nl UTT\.lEM,~7IOIII Tll.t,7'11 ... tooo ,,Jt.117"11-,ftt,I CONIITRIJC110H • IHOIH.vflHO • OUION l •IJlt.D EARTH RETENTION SPECIALISTS FOR OVDI 35 YEARS z 0 ~ 0 :::) >-cc: I-(/) er: (/) ~ w z X :::ii:: 0 LlJ (.) 0 I- LlJ ::c > cc: ~ I- oc:I cc: 0 z ~ 3: w I-...J 0 cc: ::i LlJ ~ J: :ii LlJ cc: ..J ...J ~ C 101e CAAIG QLOIN, INC. Thi Ml9' oonnJll9 llldlDd ---a..~ ,,... of c,q Cld9II. ~ ~~-f'.lll!b*ln otlllwpMefltll...,. --.i"9dllfl lHl ..... lln'kllJ' ~~tlttqna wrir.anCOMMt.,~Oldlr\1111:. Ql!.AWNB"f': COi PIIOJECT NO ; 40 111 DATE : 8•10·1CI SECTION 40F7 SHE ET NO. 314·cHAMFEA CORNERS WMS.2"'x 7·xs• BEARI NG PLATE 18" X 18" X 10" CONCRETE BLOCK ·OUT a• OtA. COAE THROUGH EXISTING CON CRETE FACING 25' CIA. SOR 35 PVC DRA IN fl!PE Willi MACTEX MX27S GEOTEXTILE BACKING MATERIAL GROUT ANNULUS WITI-l 3000 PSI MIN. 21S-DAY GAOUT 16 BAA O 18" CIC W/ STD. HOOK 11" X 18" SHEAR CONCRETE SEAM RElNF . W/4 EAM BAAS & 13 CLOSE D STIRR UPS 018 .. O.C. ROUGHEN EXISTING SURFACE TO 1/4" AMPLITUDE EXISTING FOOTING r-.. EXISTING FOOTING HILTI AE-500 ADHES\1/E SYSTEM (OREOU.L) ..... EXISTING 8° DRAIN PIP!: 2-stage stressing required . 8" D1A. SCHEO 40 PVC PIPE a• CM.t.. HOLES FILLED WI NEAT CEMENT GROUT NOTES: TIEBACKS 1. ANCHOR STRA ND ANO HARDWARE SHALL BE AS MANUFACTURED SY WIU lAMS FORM ENGINEERING CORP. ::ii. ANCHOR PLATES SHALL BE 50 KSI STEEL. 3. GROUT SHAU. BE NEAT CEMENT AND SHALL CONFOR~ TO ASTM C150 ANO ACHlliVE"A MINIMUM 28-DAY COMPRES&IVE STRENGTH Of 4000 PSI. 4. ANCHOR UNBONOEO ANO BONDED LENGlH SHALL HAVE A. Cl.ASS 1 CORROSION PROTECTION IN ACOROANCE Willi PTI (3\JIOEUNES. !I . ANCHORS MAY BE POST-GROUTED AT THE OPTION OF THE CONTRACTOR TO REDUCE ANCHOR BONDED LENGTHS . ANCHORED BONDE() LENGTHS MAY BE REDUCED TO A MIN1MUMOF30FT. I . ANCHOR DESlGN LOAD• 134 KlPS. ANCHORS SHA.LL BE STRESSED ANO LOCKED OFF AT 87% D.L • 89 !OPS. MAlERlAl.8 1. CONCRETE 8LOCK-OUT AND SHEAR BEAM SHAU. ACHIEVE A MINIMUM 29-0AY COMPRESSIVE STRENGTH OF 4000 PSI. 2. STEEL RE INFORCEMENT SHALL CONFORM TO ASTM A615, GRADE 80, 3. WELOED WIRE FABRIC R8NFORCEMENT SI-WJ.. CONF ORM TO ASTM A185 (Fy • 86,000 PSI). 4 STRAND ANCHORS {REF. DETAI LS, SHEl:T 6) (DESIGN LOA0•134 KIPS) .• .. . • . .. > .. WMS .:z-:itrxa· BEARING PLATE SPECIAL WEDGE 16-75 l<Sl ALL·THREAD BAR · DRILL AND EPOXY (4 EA PER P\ATE) WMS , t X 14" X 14" FACE PlATE, ANCHORAGE ASSEMBLY DETAIL SCALE : N.T.S. a• CORE THROUGH EXISTING CONCRETE: ,ACING 7" NOM. SCHEO. <40 STEEL PIPE. DUCT COLLAR: ASTM A-SJ x 12· LONG . WELDED TO BEARING PLATE 0-t-CAN-._.C-, ~-}--.. R_E"""D ___ C __ O ___ N __ C_R __ E __ T_E_W ..... A_L ___ L __ O_E ..... T ...... A .... 1L _____ _ ~~~=1 Jnc . •11l1Wo1Wtl'MM.IID LITTUaM.'Tl)CAt7$CIII llL(t72)*9XIO ,....,.,_ EA/1111 RETVmON SPECIAUSTS FOR OVER 35 YEARS z 0 i= () :::> >-cc I-(/) a: (/) <( UJ z X ~ 0 LU (.) () I- LU :r; > ~ I- ~ cc 0 ~ z ~ UJ I-..:J 0 cc :::J LU 0 I ~ u. LU cc ...J ...J <( :!: 0 I01t CIWQ OLOIM, IMC. Thedallgll~llldlldld --...... °""' ... ~otC.OOldlft.lftc. Olk!..,,.,=P,1,..,.~ 111• o, .-, el N Oll-,tl ~on1N1clla,w1Q il llfdY' ,nfllbl!N~'N .... wtl!IIII __.. ol er.,°'*'· Int. OAAWM•Y : 001 SC.Al.!: N,T.L l"N)J(C'TNO : 401511 DETAILS 50F7 SHEl!'TNO. WMS.!• X 1,4• X W l'~E Pl.ATE , ASTM A-36 Willi 4"X7" SLOTTED CENTER HCX..E r 1-----1'·2"----i WMS FACE PLATE DETAIL ]_ -l - 0 Galvanize this assembly . r-ef- 0 fB I'---.. l'e 0 ASS EMBLY DETAIL 0.7~ WMS. 2· ·x r x e· BEARINO PLATE SPECIAL WEDGE WMS . t X 14" X 14" FACE PLATE , WMS. 2· x T x 8" BEARING PLATE , "8TM A-572 Wrrti 3t DIA . CENTER KJLE 3!• DI,'. CENTER HOI.E JI· WMS BEARING PLATE DETAIL SPECIAL WEOOE ASTM A·36 WMS SPECIAL WEDGE DETAIL r NOM. SCH. 40 GALVANIZE D PIPE, DUCT COUAR: ASTM A•53 x 12" LONG. WELDED TO BEARING Pl.ATE. /O LDEN/ Craig Olden , Inc. ---UOltfflAnoNI0.1- tl1E~~l'IO um.J.11.M, TDAt,... TL(~_.,ICICIO 'Nl.ll'J)~ EARTH RETENTION SPECIALISTS FOR OVER 35 YEA RS z 0 § => >-a: t; (/) a: ~ LU z ~ 8 UJ (.) I- w :i > a: z I- oa a: 0 0 z i== 3: LU <( I-...J ci a: ::, w 0 ::c ::i: LL w a: ...J ...J < 3: Cto10CJWOoue,t,'HC. TM ..... OOl'UPI* '"'°""""" '*-...... ~ po,parrro/~Olelll\,IIIC. Oadolura..,,C,.•~ ..... ,., o/ 0. OOl'afllt CO'l1alr'llllonitjtd,._,,III._ pn\Htn,d~lhlffl!IWI 1'1ft11enc---.io1CN10dM.1tc. CHeetl!D8Y : MIC DMWN&Y ; CQ 8CAU!: N.T.L DATI!: ~1fl.10 DETAILS 60F 7 SH!ETHO. WMS.0.6" HOPE EXTRUDED SHEA PREGREASEO, 60 MIL MIN. lHICKNESS ASTM 0-1248 TYPE Ill WITH COR ROS ION IN emNGGREASE:ASTM B-117 ANO 0-1743 If sleeve will not fit inside 6" dia . hole, an alternate sleeve material may be needed. 3" nom. (HOPE) POLY COR A. TU BING, POL YETHYlENE ASTM F-<05, 0 -12"6, 0 ·3350·93, AASHTO M.252 8"0 \A. DAILL HOLE 0.6" DIA, x 4 WIR E STRAND: ASTM A·416 (BARE STRANO) Dimension does not match Sheet 5. Assumed that Sheet 5 is correct. SECT ION A-A (4-STRAN O) WMS. ASPS.O B STRANO SPACER ASTM C>-1248 GROUT %' 1.0 . POLY EXTERNAL GROUT TU BING WMS, ASPS-STRAND SPACER ASTM 0 ·1248 0 ~.()"MAX.BONO ZONE ONLY 3" (HOPE) POLY COA R. TUBING , POLYETHYLEN E ASTM F..a5, 0-1248, 0-3.150-93, AASHTO M252 3" nom. (HOPE) POL'Y CORA . TUB ING, POL YETIWLENE ASTM F·406 , D· 12"6, 0.3350-93 , AASHTO M2!2 S" CIA. DR ILL HOLE WMS. o.s· DIA. x 4 WIRE STRAND :ASTM A-418 WITH : HOPE EXTRUDED SHEAlH PREGAEAS ED, 00 Mil MIN . lHICKNESS ASTM 0 -1248 TYPE Ill WITH COAAOSION INHIB m NG GRE"8E: ASTM B·117 ANO 0-1743 PVC CENTRALIZER , TYP. Sch 40: ASTM 0 -1785 FOR 8" DIA DRILL HOLE EXTERNAL GROUT T UBE SECTION B-B (<-STRANO) GROUT :3" (H OPE) POLY CORA . END CAP PO LYETHYLENE ASTM F-<06, 0-12"6, 0 -3350 -93 , AASHTO M2S2 o/." 1.0 . POLYGROLJTTUBlNG 6"01A. DRI LL HOLE toLDENJ Craig Olden , Inc. ---11.l(m'lU,'f'OINO,- •1 1. stWWI l'IU,ll'lll f'C) U'm..!11.M,TllCAl11Ca TIL(l1J)8Wam ,1UC11n;~ EAR TH RETENTIOH SP£CIALIS1S FOR OVER 35 YEARS z 0 ~ :::, >-a: I-:!t c:c en w z X ~ 0 w () () I-w ~ > ~ ~ z a: 0 0 z i= :i: w ct I-....J ci a: :::::> LU 0 :r: ~ u. LU a: ...J ...J ~ ••1tCMIOOUIIM,INC. lN*lgr\--.a~ ,.., -Ille Clllll'J'llglMd P"*'1 or CrllQ CldM. lno. ~.~Oldltt!llllrllon ef .. Ol'Cltofofh~ COftlli"'*'OII INl dltl*O lf '411ctr Pfthlli'• \fl!lhell IN..,,_ Wlt1*1 CINltll ef Ctllf00..IIII. DUWltl l!OIY : COi CH[QW)IY: MK OAAwtt BY : COi &CA.U!: H,T.I. l"AOJt!CT HO : "°1M STRAN D ANC HOR DETAILS 70F 7 SHEFTNO. City <>(~o~ Wo~b Departm.entalR~qu~~.t for Waiver Of MBE/\VBE Sutie<>ittractingl Suppli,er ·Goal Tra nsport ati on amt:Pubfi c Work s $ $275,oop ~oo :2. DEPART:MENT NAME: ESTIMATED .COST 1· PROPOSAL DATE · ~ · Hul en &VtckeryBlvd Retaining Wal!Petm al"l erit fl~p airs (;: C. of .5·3 tf l2-o._o 2o '~<'.l 3 NAME OF·:PR-QJ;ECT/BID: _79:14 4126110 . 9' /3-C!_ EXTENSION DATE NIGP CODE . ·.. _ . . . _ _ • _ _ .. ' g; dep1U1Inetlt .~ll:1[ <let,~,riJu~e. wheth~ -dl~ ~ig/~wPosal .is> 9t1e w.li1ch MBE/\V~E : requi;rements should :oofhe applied'. MB ~riin,eirts niay pe waivoo. upon.Wtjtren aP,pt;oval-0'.ft!ie Mt'\\'BE Manager. ff one · ofti-ie oomfrtions listed helow exists/the . contracnnglrriana~i~d.ep~en(~na1J notify ·the Mana,g-er y:rit rt;his fot:Ql, staµng 'the s pec).fi.c • reason(.s} for requ:e:sting·ca:waiver. · ·.· · · II tlle contracting/;rmrnagjng -aepar:tmenf~u4b.e M~~er~ m ,c;onffia: over tne gr.anting ,of .a waiver; either may appeal to;.the Ciiy Manager, orrle~gnee, a:nd his(h,er',decisionisJmal. . . . . . . Please C'heck Applicable Rea.son:·· •CJ.A. ·-·o ·-_·· ·.. <C'. ,1"""71-- , .~· ~- :r:~~:~ ~~;=:~~tr~~ts-;vhi¢4 reqµire~_the goods:'t)r:,S~~es· tope > Purchase of goods' or services fro _m ' Solll"$e fs}:whete subcontractin:g·or: supplier-; o,:p_portµru .ti:es are •riegf:igio1 e; or · · · ·· . ,, -_. '-. . .. _,. -:· ···-",.:c ····.:-· ·. -· The applicatiori oftb:eprovisioris ofthis ordiba n~ will impcis e an:ecan~mi9 tj.sko~1,theCity or unduly ;delay acquisition ofthe goods ,or.semo~~;j :,r Other (expJ.a:inJ J~tify -~ollimo dity: 9r ~rvic -e W~ver J.teqiie;si:· _ ... _ _ . _ . . . Pha;se 2:?e.,:nan_ent Rep;3irs io the ·Hu en & 'llickf!i)I BlvdR~inlng )#~ll,thl'ltcGili:ip.sed tm~!;?Joad aod '.stopped lr.iffic~s:,Jor~~iyoritie !i?t:OOs -on _the -ixm .. -E,nei;;eocy Rapa~ M&C{C-2~11'5) w;,s: ap~.-3J212010 , VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders ( out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements , supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications . The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in ______ (give State), our principal place of business , are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders . B. Our principal place of business or corporate offices are in the State of Texas. ~ BIDDER: City State Zip Title : Ffz.cs,~ (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 6 - 1 HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RA TES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Pa ving Finishing Machine Operator Concrete Pa ving Jo int Sealer Operator Concrete paving Saw Operator Concrete Pav ing Spreader Operator Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator Electrician Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pipe layer Reinforcing Steel Setter, Pa vin g Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propel led Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Ooerator Servicer Sli p Form Machine Operator Spreader Box Operator Tractor Operato r, Crawler Ty pe Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver Lowboy-Float Truck Driver Single Axle, Heavy Truck Driver, Single Axle, Light Truck Driver , Tandem Axl e, Semi-Trailer Truck Driver, Transit-Mix Wagon Drill, Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10.06 I $13 .99 i $12.78 I $1 I.OJ $ 8.80 S14 .15 $ 9.88 $13.22 $12.80 $12 .85 $13.27 $12.00 $13.63 $12 .50 $13 .56 $14.50 $10.61 $14.12 $18.12 I $ 8.43 $11.63 $1 J.83 $13.67 $1 6.30 $12 .62 $ 9.18 $10.65 $16.97 $11.83 $11.58 $15.20 $14.50 $14.98 $13.17 $10.04 $11.04 $14.86 $16.29 $11.07 $10 .92 $11.28 $11.42 $]2.32 $12.33 $10.92 $12.60 $12 .91 $12.03 $14.93 $11.47 $10 .91 $1 !75 $12.08 $14.00 I $13 .57 $!0.09 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 4th day of May, 2010 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 Craig Olden, Inc., HEREINAFTER CALLED Contractor. WITNESSETH : That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith , the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: VICKERY/HULEN RETAINING WALL PERMANENT REPAIRS Designated as project number, GG01-539120-0202003· 2 . That the work herein contemplated shall consist of furnishing as . .an independent contractor all labor, tools , appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein . 3. OFFICIAL RECORD CITY SECRETARY FT. WORTH , TX The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Transportation and Public Works Department of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of N/A 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 wh ich may thereafter become due him , the sum of$ N/A per calendar 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 property of the Owner arising from the performance of any of the terms and conditions of this OFFICIAL RECORD CITY SECRETARY FT. WORTH . TX Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment , final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant invo lved , or (b) provides Owner with a letter from Contractor's liability insurance carrier that the cla im 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 cla im 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 by-weekly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO CENTS $275,000.00 9. It is further agreed that the performance of this Contract, either in whole or in part , shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. OFFICIAL RECORD CITY SECRETARY FT. WORTH , TX 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 Five (5) 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 Five (5) counterparts with its corporate seal attached. OFFICIAL RE~;D I CITY SECRET.ARV 1 FT ,.n,nP~h . ·t ' • -• -~-_ ... .,I Done in Fort Worth , Texas, this the 4th day of May, 2010. APPROVAL: DIRECTOR~PTATION AND PUBLIC WORKS DEPARTMENT BY: ~e_ ~e,t~L,Y (Representative) (TITLE) E O, e,ox 6coo (Address) (City/State/Zip) Revised June 2008 CITY OF FORT WORTH <r~-~~c'--ASSISTANT CITY MANAGER C. :--;2L\-;;). C) C) Contract Authorizatioa 5lt.t\,o Date ATTEST: APPROVED AS TO FORM & L GALITY: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ----·---- THE STATE OF TEXAS COUNTY OF TARRANT § § § BOND# 09004283 PAYMENT BOND KNOW ALL BY THESE PRESENTS : That we , (1) Craig Olden, Inc., as Principal herein, and (2) Fidelity and Deposit ____ c_o_m..._p_an_.y_o_t_M_a~ry_la_n_d __ , a corporation organized and existing under the laws of the State of (3) Maryland , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties , Texas, Obliges herein, in the amount of Two Hundred Seventy-Five Thousand Dollars and no cents Dollars ($275,000.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs , executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 4th day of May , 2010, 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: Vickery/Hulen Retaining Wall Permanent Repa ir s 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. BOND# 09004283 SIGNED and SEALED this 4th day of May, 201.Q_. (SE AL) Address: PO Box 5000 Little Elm TX 75068 Witness as to rincipal Fidelity and Deposit Company of Maryland ATTEST: ~ SecretaryFrancisdcurran , Witness :~~j?~ Nam~y Phillips Attorney in Fact (SE AL) NOTE: ( 1) (2) (3) Address: 1400 American Lane , Tower I Schaumburg , IL 60196 -1 056 Telephone Number: 800-379-2108 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition, an orig inal 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. BOND# 0900428 3 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS : That we , (1) Craig Olden, Inc., as Principal here in, and (2 ) Fidel ity and Depos it Company of Maryland , a corporation organized under the laws of the State of (3) Maryland , and who is authorized to issue surety bonds in the State of Texas , Surety here in, are held and firmly bound unto the City of Fort Worth , a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein, in the sum of Two Hundred Seventy-Five Thousand Dollars and no cents _Dollars ($275,000.00) for the payment of which sum we bind ourselves , our he irs , executors , administrators, successors and ass igns , jointly and severally, firmly by t hese presents . WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 4th day of May, 2010 , a copy of which is attached hereto and made a part hereof for all purposes, for the construction of VICKERY/HULEN RETAINING WALL PERMANENT REPAIRS . 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 re imburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be vo id; otherwise, to rema in 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 liabil ities 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 Princ ipal and the Surety have executed this instrument. SIGNED and SEALED this 4th day of May , 2010. BOND# 09004283 Title : ~tO'cNT" (SEAL) Address: PO Box 5000 Little Tim TX 75068 W it ness as to Principal ATTEST: (SE AL) w· I NOTE: ( 1) (2) (3) Fidelity and Deposit Company of Maryland :~~ lliip, Nam~lly Phillips Attorney in Fact Address: 1400 American Lane , Tower I Schaumburg , IL 60196-1056 Telephone Number: 800-379-2108 Correct name of Principal (Contractor). Correct name of Surety . State of incorporation of Surety Te lephone 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. THE STATE OF TEXAS COUNTY OF TARRANT § § § BOND# 09004283 MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That Craig Olden. Inc. ("Contractor"), as principal, and Fidelity and Deposit Company of Maryland a corporation organized under the laws of the State of __ Maryland , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City'') in Tarrant County , Texas , the sum of Two Hundred Seventy-Five Thousand Dollars and no cents Dollars ($275,000.00), 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 4th of May, 2010 , a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: VICKERY/HULEN RETAINING WALL PERMANENT REPAIRS, the same being referred to herein and in said contract as the Work and being designated as project number(s) GG01-539120-0202003 and said contract , including all of the specifications , conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS , in said Contract , Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and BOND# 09004283 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 it's said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise , this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in Five (5) counterparts, each of which shall be deemed an original , this 4th day of Mav, A.O. 2010. ATTEST : (SE AL) ~ -Seer-etaFy-Francis J Curran , Witness B y :___::......=..::.......:....-"--...:......:.....::,,,;:::_~c.......,,\,---,'+---- Name : ~ Fide lity and Deposit Company of Maryland Surety Title: __ A_tt_o_rn_e_y_-in_-_fa_ct ______ _ 1400 American Lane , Tower I Schaumburg , IL 60196-1056 Address Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of March , A .D . 2010 . ATTEST: State of Maryland }ss· City of Baltimore · Gerald F. Haley FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Assistant Secretary Theodore G. Martin ez On this 30th day of March, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland , duly commissioned and qualified , came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith , that they are the said officers of the Company aforesaid , and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires : July 8, 2011 POA -F 156-0417 EXTRACT FROM BY-LAWS OF F IDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI , Section 2. The Chairman of the Board , or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents , Assistant Vice-Presidents and Attorneys -in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances , stipulations, policies , contracts , agreements, deeds, and releases and assignments of judgements, decrees , mortgages and instruments in the nature ofmortgages, ... and to affix the seal of the Company thereto ." CERTIFICATE I, the undersigned , Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate ; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in -Fact as provided in Article VI , Section 2 , of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 . RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company , shall be valid and binding upon the Company with the same force and effect as though manually affixed ." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this L) ~~ day of ~M_C\,--t-1 ____ , ~o 1 o . Assistant Secretary 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 Vickery/Hulen Retaining Wall Permanent Repairs and City of Fort Worth Project No . GG01-539120-0202003. STATE OF TEXAS COUNTY OF TARRANT § § § T itle : PfZ.Ee IP~ Date: ~12b(10 .,', 3 . ,fJ_ Before me , the undersigned authority , on this day personally appeared /V LHl,/L,l..,~ , known to me to be the person whose name is subscribed to the foregoiifgin~ment, and acknowledged to me that he executed the same as the act and deed of ~4LJ.ACC for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this~ day of ~-;}'< , 20~A-<2 _ ,,,ou,,,, s--::~~~.'~~#Z,-.. MISTI R. HOWELL {\ . "{} Notary Publi~. State of Texas -;~-. .-'N My Comm1ss1on Expires '~,~f,M,1~~.f" August 30, 2012 ~-,L~ Notary Public in and for the State of Texas