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025030 - Construction-Related - Contract - Jackson Construction, Inc.
Cl-pt SECRETARY CON RACT NO Y 9 50 b Q.O.E. FILE CO,iTRACTOrs BONDING CO. SPECIFICATIONS CONSTRUCTION'S COPY AND CLIENT DEPARTMENT CONTRACT DOCUMENTS FOR STORM DRAIN REPLACEMENT IN BISHOP STREET FROM AVENUE D TO ROSEDALE STREET PROJECT NO. C111-02029042860 FILE NO. K-1272 IN THE CITY OF FORT WORTH, TEXAS 1999 KENNETH L. BARR MAYOR BOB TERRELL CITY MANAGER HUGO A_ MALANGA, PE - DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, PE - DIRECTOR DEPARTMENT OF ENGINEERING OffiCC�M : Cop® Y �� ;�� �W ujfn1. f «3 t M Mi I DSPECIAL INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, [J in an amount of not less than five (5%) per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. DTo be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not [j exceed the amount shown on the treasury list or one -tenth (1/10) the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The'successful bidder entering into a contract D for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as payment bond, both in a sum equal to the amount of the contract awarded. The form of the D bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. BIn order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one -tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. III No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the fl contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25,000 a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials 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 Q 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. D3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, D Texas, concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Dproposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended fl by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting discrimination in employment practices. J II 0 I I r i I JI I I II 6. WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernon Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury -$250,000 each person, $500,000 each occurrence; Property Damage - $300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority, owner has its principal place of business in this state. This provision does not apply if this contract involves 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 nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, 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. In addition, the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise (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 MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under II [I appropriate federal, state or local laws or ordinances relating to false statement; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in Dperiod the Contractor being determined to be irresponsible and barred from participation in City work for a of time of not less than three (3) years. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all 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") 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. Q 12. ,PAYMENT: The Contractor will receive full payment (minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that so not acknowledge all applicable addenda may be rejected as non- responsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage [] a. Definitions: Certain 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 worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the oduration of the project. Duration of the project -includes the time from the beginning of the work on the project until O the contractor'1S/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 I] or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardle$s=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 Q delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor providing services on the project, for the duration of the project. [iii Ii c. l•� The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that Ocoverage has been extended. e. The contractor shall obtain from each person providing- services on a project, and'p'rovide Q to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage 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 [J certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, Uof any change that materially affects the provision of coverage of any person providing services on the project. Q h. The ntractor shall post on each project site a notice, in'the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons • providing services on the project that they are required to be covered, and stating how a Dperson may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide aservices 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 o 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; D (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; El(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: B(a) a certificate of coverage, prior to the other person beginning work on the project; and 0 0 (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 wiring by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the [I project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on D proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self -Insurance Regulation. Providing false or D misleading information may subject the contractor to administrative, criminal, 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 does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. D B. The contractor shall post a notice on each project site informing all persons providing services on the project that they ace required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements, imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" [1 The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling Q or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the D legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". D 15. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 0 0 O 16. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of fl their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. QContractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Q Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. Q 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully.discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of o Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's D alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 I 0 0 0 D a a a I ATTACHMENT 11 Pa g 1 of ..City :of Fort Worth z a' •� r' Minority and Women iBBus,iness°Enterprise' Specifications ,S - n• •at F ` MBE/WBE UTILIZATION pEPT OF si•1-k°+ ft�✓ Sly c rF �..,'S«•»..Y t'r4 Y� , �. ' i L i°!,L'i �! / C F W snst:xziic%s`in°c.'-=- M COM M(NA ME BID DATE f 2 rvM 4 t tfi� ,3 PROJECT Nt1AfIBER s } '�A �taya s' •}l-,,,�. '' "K k i-f, 3..« ,v r:� ,E„ s��'' ya s 1 BE P12`O GT GO'AY;;r'� , g' z M/VYBEPEFtCEKTACE CRIED !-.t;d � f C..t'• '.�,�'+4r.�S'.�ire' 3� q, a '� x e .� tm ____ 4�•Lim, 'E�"'.;�. 'lY" 'hY.=1."s� a:,t'"«,Ry`$�Y$.' ' `;Y:'. toe o Lu1tu.ti4u1nf�h wi It ^ of tng��ocur n .t o ndzc�c i�redbbµ y9fR'T A er hoc be oce $ 00 p fve (5j Ciiy$business days after, bid'openin , exeiasive of bid bid_open ng:d e; wi[t sulir°in'thbi o�sizve�.to 6�Ed�sfse.�if�cat�o,�tzs �-� r ��, �;. � � °�t ���:.�,��`. �,,.-tw• r ���• ��:,• rnYaa2'Y'a�Y.'�iy':x^ a Ka�.ry >vc.. s. k �xt�`� �If3w'3't4''',," r3, }�• w� t .v TTzaf6'K* -q s..,.... :� be to ii�o4f repro' E,agyll;orB rwo�kiate`ntti �= ip nn a ecuttdnt5f a c?otlfac°rii[i�'�ilVotth. Thg(t"0td/ot•�f�pvtrin slap t `o of :acts i(s3 grouy5dsfor-r0,nsi eratlon ofddi u;al► idai on and wilt .result 'LntI� b d t een ahonciere y-t'nsK'4ur sR ..F ,w,° pi 41�'�s�'}'°*'£i$i aaYy{+ w^i Sy.< t'�� t '-s ?,fir 3. sty.•j. -.Ta -#4;. ,?' '"Fafi _±"�iy"A�>. 5. v t`.'F�3, Y•^ ." q �'t F S .t V_e "t CQm q�Na e,�GonacttNanie,,, A an elep e;No�y f Certifieii Specify All Contracti};q -Scope of~Wor(c (") 4'�. Specify A11 Items to be f, Supplied(') - } Dot ar Amount . in4r .a ''�2t«`J•L4"�,{^Y'eh4 `i �' 1 ,)SYYt...�� -R'ock Hauling 1 r• '�r`?f. 3395 0Q X r y:625 y�}� 'v t.,'a L L . 'c" �' N "gZ : C k Z• _ Y� - i.Y4 :'�"' w , ,•x'�pk>•V'-1: v3 �^S.. 4'.. .. �.. gM�}r rFr 'f' i C;nnt .Y- R- .�'7 7 t sti J•u.�;: -Sand & Hauling 1. $21?QO 00. n .sL-in.f ___ e Field kfxC i � ; " ^.i'S, .l i'�t c' ' •x--4 : - -_ !n S*S �.rF&$„ r f h''a')HjeKyd'ro `ids u ''� i E y„'.r,�`', r� „����=. s �'.' •4v4 �-''` f FirVS ue k : - i z -.- ,,rte ¢xX"' ,. .•:% 7''+nr >,_.#:.....«:4x„T .x3f'�•fi".'1:c�" L 9 P`.-i 4`F - y-7 ;4- s_ 3..:3.e+: — r -r"�Ys"�t u Fx t4 - -. F? +e. {,,, $ _ -11----------------------1 -� -sue 'yi'zSct-;. rF t' yy,�ss J t.,x i" t tje( ine co ijt mari�etpjace of aurrenity d616§j ulni etplaFeRat'the time of b d x : 4 vs P Ak`�;, it '"' .r - .t* . '•zip. r r^iz 9s+r rte* tae. '7 iL. Yv, y n�a ; ..�,`7'''�i''`$v . , tr a; �n' �w tivs� ��� 4 n4em s` r'§3 Z a�'r�u�✓zws a xt 'c`' wea�vr. r�p+�v.�^•v% a r- a. xy-r a x rr' 'yr. r ti oR.�` 's s,'f _� - ;? s"#;"y' s ,�• ,r,n."�,J`"� areas' i wh ch`1NBE{s,are tobebuttllzed ad/orsitelnssobe�supplted f E r i" # eo et�e#lisil�ff fit sSod, eu" edSIS^fie ` 1red in o der"fo+rec. a credit toward goat ` k X E►38f,9 t PP41 qp 5 sFw'"w-�:.�.,. rt.:ic`$�'�..�- � �.3 w .-F y. '`.� , eac E eI eve? �" �'� 4,8 •3 TTe , Mea��sstt�e te�vet os4bcontracting below epnmecontrac3torldonsultant i:e� adCrecthpayteto Y: � 1co the prlme:contraaior'to a subcontractor is�cotnsideced 1 tier ea payr�en ' , y a subcontr ccoR ;� ���r`�x ate- ;,��� ��� � �tlts;supplie5xjs coasidefeifs�"'tier.' " ='�,, '"' _ �' n. �+'"'•.''�' ,..eat.. .+-/"�•. q d� Liys{ �� L• w.A-If •'}�i ro.•y T�,t. Y}kf �Y+T�, k. f e• t' c W`'Fly �t�?€� •Y '4 h !ob� F �,� 'M Y&� Y i +` af'�p i-*.rt' ,y .. .q``• { _; . '�,j, r �y - F ; :1`H ,� FO, M MULL ByE,.RBQEINEDyBYaTHEiMANAGING�DEPARTMENT BY 5 O,kO p rn,� FIVE (5) CITY BUSI_NESSKI)AYS2 AFTER 4D w Fx an a OPENING, E CCLUSIVE QFTHE`B1D OPENING DATE *1t •r ' ; Pages hl andrr2 of Attachment 1 ,must be receaved b'-* the Managing Department ��� rti< ��€✓, YF� � ,f.�y'�F '�*'�'�T �F ..y1 7C.��-,r �-.. hjy'$� f. y- 5 # 3 _-ra. x' =r r• � i'•.p'°`�. r ifs} •� # r i2 - l..ae.''` }.jr₹ �',kva,,*. • ��' . _ " �- 3 ` y ;` =.5 f .. a .. ;. 'fl ATTAfC h .r U.4df3F'or-'W6 trth11 M[norit and- Womenlbs[nessiEnfer rise'.S ecifications�°g �f M� y, p p f' x T b s � ' `•'� 'L`tl t5 ≤r.., �• '^ � �" i.'% .t «yik +C r1.�� MBE/WBE UTILIZATION+ : $ 'Fr etd .� Y.�. r .1 l^ .. _._ rY{`' 1 ,� 1.}` i`•• .?�tiNI5 F}..F�. h: 1:_�. �-"?. �ffr. i 9f 't C4g,, .hh �'�Sid ��ti 9f r . f 0 � �.Y*- w` -• `' `''°' rii�',� y 1 via -� a;�.�c'.„�„ w. tyf ;�' l'� tl. s Q f"'• - µ. `ma �iR���'''1;"jc �] Y' r �(.; `�`. . i' t�.!'a�,;t s i Z t ,.1 � a .. � �4 <. � { �' n.+..f . ..WiYd�` T$� a e* t" �.. i o.I. i.'�"'�"..-y • •�. is -. � - ; � .. S l C ; a;e; s''S� t . A. i t K`,�y�rt' '5 �;.. �YF)'�'�' Tvr* ?'=3'.Y'*"uS 'ks 'uAt ast �' LrY�.d A4'4£Y '"� :fi.R4.i^�{.t'. � si T � r�., _. x +�„ 2''' (.�, "4 5 �,�R'. "i. Jf �°.c�E� � k '^ .ST y- r v Vii,, J�S ro.' ' „°F"'�+..k Slav -^• � �{� � ca"`•^9.a,T t ay :~ F'at.+'"1F... `i�x•_)kw:.4.]°�Ki^tid.A'�v }i ,� f� } k # '�c'' y.�'G _ _ sa t.?'t i .a. 4 Y4 ,t,..�\..Yn' AC i�'$+{�y�. ,. 1:. 9'. as a'7'' a� ..: , mss""" j e_ -✓ z '^ A' 4@ �i. -t" i�-'qr� Y 8 a. •11.. < Y } 4j zk.• er r fY 'bJ 4wY zkt,.. L: a f. ., p d fi T 3 A . 1 i FCl b Yd ¶s :tom .L {.a -Y ,� °�•.�t .F �et.ria�'.�y;"htS Jt��i.�*Xt,� s t`T,3•u.�Lwls.L +. t}�� w> ro�.nr≥'?edi2; intract or¢ae 1orz Local hof.,6�nt r a=period'°o% 1f x Dep pang l am ess itylStateIZipW Illisa _ 9 , - - Y• r agrees to provide, directly to theClty upon request, compiete=a bred by all cubcontractorsinc uding, MBE() andlor 1NBE(s)`arra gees to alldw an audit andlor examination of any brooks? ,records •a :hexac teal work y performedby the MBE(s) arfidIor WBE(s)' oh this c CtyAryUntentionaF and/orknowingmisrepcesentation: offactsy menf:from City work for a'perlod of not lesshhree () ye tan three ac n isconcerning false statements: Any fat(ure to comply with this t;may result -in a detenmntion of an ifresponsib[e offeror anid bal ernot lass .than 'one (i)year ri ary ;l_[_ M - s:anc! WBEs` MUST BE<CERTIF[ED BITHE CITYYBEFORE C Lure " Punted Signature Contact Name and Title nstructi do Inc R `f $ 7 5'x:2 3o3f Te[ephrone Number(s)' Ta ] ley Drave•; .'s- Fax Number•'' th, .TX• -'7=6119 May 13, 1999; de • e, Date. , tf .m HIS FORMaMWST BE RECEIVED -BY THE MANAGING .DEPARTMENT BY 5:00 pzm',FIVE (, OPENING. EXCLUSIVE OF THE BID OPENING DATE Pages 1 and 2 of Attachment 1A. must be received by'tfe Manac I II 111 ` Cify of> Eo Wotfhp Minority 'and Wom;en<Business°Enierprjse 3 aGOG D,.FA[TH EEFO'RT rcq S s4 i 'r.al` 'ts _ "� -" v r c "M 4 a°iv - n �✓ d +F� .� w ht �' >. 8.. Ae. •s ✓ ;v _ ",' r.,'r" t --4" 4'..m —i. .c r�r "�+ I�TMk�. _v.{ zz :rt t -'ct �:�' ^. ?, ` I y� a kon :£�nsct on Inc . .3, x,� t t _•.,r .+✓'• N . t' a� r¢ '-F' •£ ff 3: R+g. "S q4 rt 'F .+. -L ! i� f r } f;� a+'� y"� "+� r•� ?�,s+". � £�u�� n < ;i.. ek"w'�' •,� e _, N N 1 '3�'J' i if tt etbidders methodt ofcompliance with rthe MIWBE goat is = - 4 good faith effort", the biddi r will have tfie,¢bUrden of correctt r �subtnfitting'th'eNdocumentaton required.by the,' Compl►anci s,r," �� �sha(( satisfy the Good?Faith Effort requirement absent pro knorwmg;misrepresenfation•the facts or inten tonal discrimmatIt 3t E �'r''`h's "qyt.. e -�a �d .ski+. _A1+ann�se�.Y.�a'xz �dwa - .Ac1'd�@w «r M,�:. 1r3 -a. ci ~ 3 �.v'%' S's.�. st`. mAta�st�fia@Race ¢ �'•yygiatZa ^�td.s ry.F "A�'n�r - ! xy«` '«1•i 5F^"s�S�gr-'q�R � a tom: 1t=) l?lease'list each ;'and''everysubcoittracting and/or supplieropporfunity�tDo NOfi LiSTTN tVI S OF ° MRMS ;which,will Eierused in th'b comptetidii,phis`prdjbct, regacdtesstof�wheth�er$j.i.t�is toribe prod by a MN116E or non- MNYBE ; , f rr$- t • -. a �, s yes.. tF (Use additional sheets, if necessary) - {� 3 List of y Subcontracting°Opbortunities` List:of: Suppiier Opp .. . w,niiieI•i� ... ..r � Y 'C 'f' ' r i✓Tt' RIy3£ _ i _ .w o ' a`ble Toilets Sand � t't`"'s Y• Y ' ta,�.' ., Concret _. .. - . a . tr t- 171'1O11.• � 5 C.� • t�ya ¢ F ATTACHMENT 1C Page 2.of 3 du obtain a.current list"of MIWBE`firms from the City's MIWBE'Office? The list is considered in 1iance, if it is riot morer tl an 3 months old -from the date of bid opening. ti } 5 99 Date -of Listing 4 1 cu s©hcit bids`from MIWBEfiirms, within the subcontracting andlor supplier areas previously A -" a,telast ten caLendar days] prioryto bid opening#by4mail, exclusivetof the day the bids are r soya � 3sy � � fry` r : �.� y4', �..a,,;�;� ,�� �° �,�g�"i,•� .>�ap, s } ar, S r�s <e• rG" ac.. �i. °' s,,,.r, Y..:t 4 s .� .,. .P Y�y r ,, - al .: ,,,,. , 1 <r _ :} °"a if yes attach IWWBE mail listing to include name of firm and address and a dated co &ofletter mailed {€ >f� t £•`�'stck"=��f . i• t -�,'vi �tk'?' , .�, '�'�.•;1^*9 -"� x „ilk .5''ce R. r. ,•a Y,j' ,„. • • aet,n:- a 3,w �'3�.. ' m _ r zf°' xy't,• t �' r a; y �,y„ _ -? i F _ s F ,: ou=sollci btcisa %mh{t1 1WBE firms; with n the subcontract ng andlo supplier areas previously h A at lastte`n ca1ends,'daysprior to<bid iopening by telephone, exclusive rof;the ,day ;the bids are { " r yN�'R9.F�"t.+�'x =ys Fr`?',P•++:sis'r: i r ._ r,u - _ -' 1,v" +, -tr" if yes, attach fist to include name of MIWBE firm, person contacted, _ r phone number and date and timeofcontact" #{ 24 4 ��L'�.yZr � J iY `Ti�2� 4 ::x x r •'s ',�,"r:._d � �Sz .,^'- � �: ��. r5' ., �„ :.fi 'rte i'�i,� € T � � x' csimile ina� beyused to complywith either 3 or 4, but mays notbeused for both If a lacsimile attach li'e fax confirmation, which x is to provide name date, time, fax number` -and itatio�n�fa�Ced �.>: r<,M•`'����t�,:•-�t. �.i ,� � �t •�•- � 3- �, s .. - � _ . a .�> F•,. a+ba�1 rin+. t¢-�I i lOl k £• Y;T Y t✓ •a ,t�� . • ... ,y S -�. ih24�5h �. +hunt y -K nx _ . _<^ •. t af" a S C list of M/WBE is ten or less, the bidder must contact the entire list to t e<in compliance with a ' �,.. 4 F1: t �'°a'zw',i'*sry. ?'L �..-.av"• I s3 ad 4if i s ofMIWBE is mor tan ten, the bidder must contact at;least two-thirds of xr's anolessgthntento*besincotpliarhtquesfions 3 and4 ; , , ,4� yr. .w ti.� # ? _ Ch. ,,(+ „, }•s,� 5) ou provide plans and specifications to potential M!WBEs or information regarding the location of nd'spec� cations in order to assist the MIWBEs? ���n '. 'S i °.rc:,J ''iirr5�'"'a4��ss`,q? +l-3[ y F,.v. ''.. .-' ;% x 1 _ 7 €,?, r -t{•,'_` 7 `< Yt �1�,. �� ty§'k�'�d�c7't'a �,'., b w�°t _ � k '•%T 'S, .t, z'k �y. i_. .� ; F NBEbtdsf resredeivedrandrejected you must ist the MllIVBE f rmsand the reason(s) for rejection (t e , quotation not commercially reasonable, , ationss, etc ) nd tta aft dvit:"mod/or documentationto support the reason(s) listed below (i a letters,inemos,' �, �n x p �" t ta.& •r � '+r s't'�r tz „q ds�teieph nencalls meetings'etc ) r s ,,� � � K " � .^•,ga< "N.�+4 ,-�'���^ni �•: i f , } (Pie seuse additfonalshaets; if necessary,andattach j . • x- . , art, y Name 'Telephone Contact Person Scope of W,ork Reason fors _ f. Rejection, _Z4452 Roseve1t �Barricades r- x :. e�y2urrcll t ��_�`^• i� �n �Pt'�..istkf.r t' -r- ,� .r.' ( - 4£ s own forces `T>'t'.� Cs" -t° rri. x a� - -s ''�#Fx: ix.•.t, .zj ", wt -.r PaS �._• ADDITI0AL?INF0RMATI0N: Please provide additional information you feel will further explain `your _good andlhonest efforts to o M/WBE.participation .on'this project - „; 3 ' =- - - - •- C - LI sFl ,. ' t „ -✓- .,.. t%'!' v- : W rizt ;i'-o..irf4.r...,4 ' }-{ N.rt; .ga..a.r.1'J �'�fl�. `,`S ." € Y ` h (, 3 z n:` ? .' •s7,. . ,..' : - ` . v .n.. - '- �..r..= .:. a;", Y. x. VJ Y' �$ Theme bidder further agrees toprovide, directly to the City upon rqust, comet accurate °information .-regarding; actual work performed on this c ntr c ; h p " thereof and any proposed changes to the original arrangements submit ed wr h. t' i a '� i'i C e • .k r{, r 4.,.e srtOtt The bidder also agrees to allow an audit and/or examination of any books, ecork �" tf77 filesheld by their company that will 'subs' antiate the Tactual zwork performed o ficontract, by an authorized officer or employee of the City ' a °- t � r - •, a' r . • ;s ' � , z . _ "''�} t ��,)�' x"S'R;'%t'°`�� ,. �'.3f+#i Any intentional > rand/or knowing misrepresentation of f fads will �bef row d terminating g the contractor= debarment from City work for a',perio'd of o l ss wf 'am (3) years and for initiating action under �� � y g Federal, State or LocalIaWseoncerrirttg ft statements 3 tAny failure to comply with this ordinance and creates a. rna eriat brse LI .' iwa''a"+'' :, _ tom- v`.... a t ti= (_ t ,•y , x.r s.+. }„-.r contract riia, result in a�°determination of an irresponsible z offero Nand b ed participating in City work fora period of time notless than one (1)year. ' 1 �'• . M1. )X,+•; �_LL - _ •. 43� ``-g` s r,° zn 4r u r The undersigned certifies `-that the information provided and the MIWBE(s) was/were contacted ' in good .faith. It is understood that any M!WBE's) is Attachment .'(C will be :contacted anti :the reasons for not using them Twill beg, erif `i'° €. —4r the itj's MFWBE Office1]: (';L::: , k° 4 y. y •'�" � t F}y�v�`.rg- 4� 'fit '"'FE 5 1 -}i t 3. J k{ r_ a•�i i X11�'Ar©`iSe."'ro( Authorize Signal e- "' Printed Signatre� � G a ' St�.E•yT �'Y rC PrenF rte: Tifte • Contact Name ands ttte cif di bent) l son Const-:iu t°ions tnc 817-572-33ci31 z - Company Name Telephone Number sJ 5112 Sun Valley Drive 817-478-0443 Address Fait Number fG' ort %Worth, TX 76119 5-13-99 .._ City/StatelZip Date U.. . �yy fJ . • r r' 7 0 PROPOSAL D FOR: BISHOP STREET STORM DRAIN REPLACEMENT PROJECT No. Clll-02029042860 FILE No. K-1272 D Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to complete all the work as provided in the plans and D specifications, and subject to the inspection and approval of the Department of Engineering Director of the City of Fort Worth. D Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums, to -wit: D SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID D 452 1. 1 EA. �eo o ing ole - All Sizes @ Dollars & l0 Cents Per EA. $ 90D. $ (( D452 2. 4 EA. ove Existing ' Inl�tj@ gj o Dollars & Cents Per EA. $, $ D452 3. 460 LF. Remove Existing 18" Concrete Pipe @ Gb `I ke' Dollars & �U DC 41W Cents Per LF. $ $ 452 4. 140 LF. Re „ ve Existin Concrete Pipe @ D___________Cents O Dollars & Cents Per LF. $ _ $ 440 5. 70 LF. 21" L. III R.C.P. @ D Dollars & Cents Per LF. $— $5(D0_ D 440 6. 792 LF. 24" CL. III R.C.P U4.o 1102, Dollars & Cents Per LF. $ I- $ D SP 7. 862 LF. Trench fety @ _ Dollars & 525 fO Cents Per LF. $ / $ D444 8. 1 EA. S dard 10' Inlet @ S� Ue-lh Dollars & �� '-11.P Cents Per EA. $ $ 0 SP 9. 525 862 LF. Trench at Dollars & F Cents Per LF. $ $ 444 10. 1 EA. dardW Inlet,@ n Cents Per EA. $ 5�v -� $ 3""D 444 11. 3 EA. S and 4' S uare Manhole @ I�t�Cl�ollars <-) Cents Per EA. $ J7`/� $ 402 12. 1183 CY. Trenchv� on & Backfill @ / LU Dollars & /10 Cents Per CY. $_______ O' $ _7I�2 13. 722 LF. 2" T por4ry Pavement Repair, Per Fig. 6 @ 0e, & ______________Dollars Cents Per LF. $ __ $ l(�`7 14. 140 LF. an Re air, Per Fig. 4 @ em U� Dollars & I Cents Per LF. $ $ !U TOTAL BID STORM DRAIN REPLACEMENT (Transfer total to "Summary of Bid Page") $15537�,m 0 aThis contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, I] Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. ci The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. ci The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. 0 0 0 El 0 0 0 ci El 0 0 n 0 The undersigned agrees to complete all work covered by these contract documents within Thirty (30) Working Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars ($ ) is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. (1/we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) (SEAL) Date Respectfully submitted: 0 I 1 0 J I I I I I J I CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: BISHOP STREET STORM DRAIN REPLACEMENT PROJECT No. Clll-02029042860 FILE No. K-1272 SCOPE OF WORK: Work covered by these plans and specifications consists of the construction of a 24" storm drain system and all other miscellaneous items of construction to be performed as outlined in the Plans and Specifications which are necessary to satisfactorily complete the work. AWARDING OF CONTRACT AND' WORKING 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 interest of the City. B. The owner anticipates awarding this project by June 1, 1999. The contractor agrees to start Storm drain construction within five (5) working days following the award of contract. 2. The Contractor agrees to complete the Contract within the allotted number of working days. If the Contractor fails to complete the work within the number of working days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6 of the "General Provisions" of the Standard Specification•for Construction of the City of Fort Worth, Texas. _ 3. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of work to be done or materials to be furnished under any major pay item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below [J 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or Ligreater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 LIpercent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the D consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and Department of Engineering and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such D time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the El 7 J Dform in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kinaof equipment to be used but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense and all other elements of cost and expense not embraced with the actual field cost as herein specified upon request, the Contractor shall provide the Director of Engineering access to all accounts, bills and vouchers relating thereto. [I 4. 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. D5. This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: D STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH D STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office ofthe Department of Engineering, 1000 Throckmorton Street, 2"d Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call -out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 6. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) year from date of fmal acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 7. Construction stakes for line and grade will be provided by the City as outlined on page 17, Standard Specifications for Construction, City of Fort Worth. U. 8. TRAFFIC CONTROL: The contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. 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. Signs and Markings Division (phone number 871-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be D reinstalled the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. 9. PAYMENT: The Contractor will receive full payment from the City for all work. 10. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information 0 J 11 I I J I I I r J 0 I I 1 J I f 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. 11. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with "1980 Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 12. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors 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 contractors expense. In the event that the contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 13. 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. 14. 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. 15. DUALITY CONTROL TESTING: (a) The contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. II f (c) Quality control testing of in situ material on this project will be performed by the City at its own expense. u 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 [J make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the contractor for operations requiring testing. The contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is.deemed to be included in the unit price for the item being tested. D (e) The contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 16. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. D 17. CONSTRUCTION SCHEDULE: It shall be the responsibility of the contractor to furnish the construction engineer, prior to construction a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 18. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: 1 J I it I J 0 (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING —UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage -type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de -energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the contractor's sole costand expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 19. RIGHT TO AUDIT: , (a) Contractor agrees that the .City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. 0 I n 0 II I Li ci 0 r I it Ii 0 0 ci C I (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photo copy 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. (d) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books, documents, papers and records of 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." NON -PAY ITEM No. 1- CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON -PAY ITEM No.2- - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON -PAY ITEM No.3- - PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights -of -way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON -PAY ITEM No.4— — PROJECT CLEAN-UP: The Contractor shall lie aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: I I • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner [] • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment 9 (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. NON -PAY ITEM No. 5 — PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre -construction conference. This schedule shall detail all phases of construction and allow the contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved in producing and maintaining the project schedule shall be subsidiary to this contract. [1 PAY ITEM NO 7 —TRENCH SAFETY: This item will consist of the basic requirements which the contractor must comply with in order to provide for the safety and health of workers in a trench. The contractor shall bear the sole responsibility for the adequacy of the 9 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, regulations, and ordinances. All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total compensation for furnishing design, materials, tools, labor, aequipment, and incidentals necessary, including removal of the system. I 7 7 J El CITY OF FORT WORTH D HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1999 AIR TOOL OPERATOR $9.00 ASPHALT RAKER 9.55 ASPHALT SHOVELER 8.80 BATCHING PLANT WEIGHER 11.51 CARPENTER 10.30 CONCRETE FINISHER -PAVING 10.50 D CONCRETE FINISHER -STRUCTURES 9.83 CONCRETE RUBBER 8.84 ELECTRICIAN 15.37 FLAGGER 7.55 FORM BUILDER -STRUCTURES El 9.83 FORM LINER -PAVING &-CURB 9.00 FORM SETTER -PAVING & CURB 9.24 FORM SETTER -STRUCTURES 9.09 LABORER -COMMON 7.32 D LABORER -UTILITY 8.94 MECHANIC 12.68 SERVICER D OILER 10.17 .9.41 PAINTER -STRUCTURES 11.00 PIPE LAYER 8.98 BLASTER 11.50 ASPHALT DISTRIBUTOR OPERATOR 10.29 0 ASPHALT PAVING MACHINE 10.30 BROOM OR SWEEPER OPERATOR 8.72 BULLDOZER 10.74 CONCRETE CURING MACHINE 9.25 CONCRETE FINISHING MACHINE 0 11.13 CONCRETE PAVING JOINT MACHINE 10.42 CONCRETE PAVING JOINT SEALER 9.00 CONCRETE PAVING SAW 10.39 U CONCRETE PAVING SPREADER 10.50 SLIPFORM MACHINE OPERATOR 9.92 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 11.04 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.00 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 0 11.83 FRONT END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER MOTOR GRADER OPERATOR FINE GRADE 10.30 11.97 MOTOR GRADER OPERATOR 10.96 PAVEMENT MARKING MACHINE 7.32 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 9.06 fl ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 8.59 ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER 8.48 SCRAPER 9.63 TRACTOR -CRAWLER TYPE 10.58 TRACTOR -PNEUMATIC 9.15 TRAVELING MIXER D 8.83 WAGON -DRILL, BORING MACHINE 12.00 REINFORCING STEEL SETTER -PAVING 13.21 REINFORCING STEEL SETTER -STRUCTURES 13.31 STEEL WORKER -STRUCTURAL 14.80 SPREADER BOX OPERATOR 10.00 WORK ZONE BARRICADE 7.32 TRUCK DRIVER -SINGLE AXLE LIGHT 8.965 TRUCK DRIVER -SINGLE AXLE HEAVY D 9.02 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 8.77 TRUCK DRIVER-LOWBOY/FLOAT 10.44 TRUCK DRIVER -TRANSIT MIX 9.47 TRUCK DRIVER -WINCH 9.00 VIBRATOR OPERATOR -HAND TYPE D 7.32 WELDER 11.57 Il i DVENDOR COMPLIANCE TO STATE LAW 0 D The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out -of -State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out -of -State or nonresident bidders in order for your bid to meet specifications. The failure of out -of -State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors_in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. J 11 0 I J ii I I ii /XL'(—i.(i&J&1 City State Zip Nonresident vendors in required to underbid resident bidders. (give State), our principal place of business, are not B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: (M ,(, By: / i- ✓ c�l� J (Please print) Signature Title: 1cih7? (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 7 ii EQUIPMENT SCHEDULE D List of Equipment owned by Bidder that is in serviceable condition and Davailable for use: J D D, D D LIPortions of work Bidder proposes to sublet in case' of Award of Contracts including amount and type: D D LI LI I 1 1 1 J EXPERIENCE RECORD DList of projects your organization has successfully completed: a I Amount Of Contract Award Type of Work Date Accepted Name and Address of Owner DList of projects your organization is now engaged in completing: J I 7 J I I Amount Of Contract Award Type of Work Anticipated Date of Completion Name and Address of Owner List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Bond Amount of Bond Name and Address of Surety 0 I u u CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: June 28, 1999 NA1v1E OF PROTECT: Storm Drain Replacement in Bishop Street from Avenue D to Rosedale Street PROJECT NUMBER: C111-02029042860 File No. K-1272 Jul ISTOCERTIFY-THAT: Larry Jackson Construction Co., Inc., 5112 Sun Valley Dr. Fort Worth, TX. 76119 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 accordance with provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. I u 0 III I Worker's Policy ( Effective )001072791898 10-1-98 Liability Insurance (Public DTC0724K514198 10-1-98 Liability) II Blasting Collapse of Building or structures adjacent to excavations. Damage to Underground Utilities Builder's Risk Comprehensive Automobile Liability Contractual Liability UMBRELLA DTC0724K514L98 10-1-98 DTC0724K514 98 10-1-98 rxPres Limits of Liability 10-1-99 500,000/500,000/500 000 Bodily Injury: 10-1-99 Ea. Occurrence: S I , ppn 0 0_ Propezry Damage: ca. Occurrence: S l,000,0 0 10-1-99 1 Ea_ Occurrence: S 1 •000.0 0 10-1-99 I Ea. Occurrence: S 1 , 000, DTC0724K514 98 10-1-98 10-1-99 Ea. Occurrence: SQ,0l C Bodily injury: CSL DHCAP724K51 698 10-1-98 10-1-99 Ea. Person: $l ,000,000 Ea. Occurrence: S 1,000,0 0 Property Damage: Ea. Occurrence: S 1 000 0 0 Bodily Injury: DTC0724K514 98 10-1-98 10-1-99 =a. Occurrence: S 1,000, 0 Property Damage: Ea. Occurrence: S CUP678G492A 8 10-1-98 j 10-1-99 j$10,000,000 Locations covered: Bishop Street from Avenue D to Rosedale Street, Fort Worth, Texas Description of operations covered: see Proj ect Name above The above policies either in the body thereof or by appropriate endorsement provided that they may not be chanted or canceled by the insurer in less 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 body thereof or by appropriate endorsement thereto attached. Agency Coble —Cravens Ins. Agency, Inc. FortWorth Agent Robert W. Purdin By.� Address 202 E. Border St., #202 Title President Arlington, T . I 0 7 0 J 0 ri I I J 0 0 it 0 0 I I J CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number O111- 02029042860 JACKSON CONSTRUCTION, INC. C NTRACTOR By74 Title Date STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared known to me be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that he executed the same as the act and deed of k - for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MHAND AND SEAL OF OFFICE this day of 19. No Public in and for the State of Texas J I C 0 I 0 I n El I 0 0 0 0 0 r I C PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) JACKSON CONSTRUCTION, INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3) *** a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: ONE HUNDRED FIFTY-FIVE THOUSAND THREE HUNDRED SEVENTY-FOUR AND NO/100............. ($155,374.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 22ND of JUNE, 1999 a copy of which is hereto attached and made a part hereof, for the construction of: STROM DRAIN REPLACEMENT IN BISHOP STREET FROM AVENUE D TO ROSEDALE STREET designated as Project No. (s) C111-02029042860, a copy of which contract is hereby attached, referred to, and made a part hereof as. fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. *** Independence Casualty and Surety Company 0 F1 I] II I ci 0 I I 0 I 0 PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall be deemed an original, this the 22''r° of JUNE, 1999 ATTEST: (Princip Secretary (SEAL) Witness as to Principal 5112 Sun Valley, Fort Worth, TX 76119 (Surety) Secre U. (SEAL) EJ U Witness as to Surety 202 E, Border, Arlington, TX 76010 (Address) 1 JACKSON CONSTRUCTION, INC. 5112 SUN VALLEY FORT WORTH, TX 76119 (Address) Independence Casualty andv Company urety BY: l ( ttomey-in-fact) (5) ck M. Crowley P.O. Box 429 Arlington, TX 76004-0429 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact.. LI F2 [I Independence Casualty and Surety Company HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY flKNOW ALL MEN BY THESE PRESENTS: That INDEPENDENCE CASUALTY AND SURETY COMPANY, a Texas Corporation, does hereby appoint: JACK M. CROWLEY its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of flthem, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. aFURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." I 0 0 Ii R 0 0 0 7 7 IN WITNESS WHEREOF, INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duly authorized officers this 15th day of November 1996 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO INDEPENDENCE CASUALTY AND SURETY COMPANY On November 15th, 1996 before me, personally appeared John L. Hannum, Executive Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument WITNESS my hand and official seal. MARLAYNA Jt! BO±S ~► _ COMM_ =1077909 c7 NOTARY F _uGCt K•�-?t';1 to SAN DIEGO CUT( O v i My � Cammiasion Exoiras CERTIFICATE: - NOVEMBER 19.19993 otary Public I, E. Hamed Davis, Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 22nd day of June 1999 rTY A. JG INDEPENDENCE CASUALTY AND SURETY COMPANY ICS 37 " E. Hamed Davis, Vice President 0 I 0 PAYMENT BOND 0 THE STATE OF TEXAS § DCOUNTY OF TARRANT § fl KNOW ALL MEN BY THESE PRESENTS: That we (1) JACKSON CONSTRUCTION, INC. a (2) Corporation of Texas, hereinafter call Principal, and (3) *** a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of: ONE HUNDRED FIFTY-FIVE THOUSAND THREE HUNDRED SEVENTY-FOUR AND NO/100............. fl (5155,374.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly to these presents. Q THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 22'''D day of JUNE A.D. , 1999, a copy of which is hereto attached and made a part thereof, for the construction of:: [I STORM DRAIN REPLACEMENT IN BISHOP STREET FROM AVENUE D TO ROSEDALE STREET Project No. (s) C111-02029042860 a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". 0 NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. *** Independence Casualty and Surety Company F10 0 J I Li ii 7 I 0 0 ci ci C 0 0 0 0 0 J El I 0 0 (Principal) Secretary THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no fmal settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall be deemed an original, this the 22"D day of JUNE A.D., 1999. JACKSON CONSTRUCTION. INC. p. 5112 SUN VALLEY FORT WORTH, TX 76119 (SEAL) (Address) Independe asualty and Su y Company Witness as to Principal Su ty 5112 Sun Valley, Fort Worth, TX 76119 BY: (Attorney -in -fact) (5 ack M. Crowley P.O. ox 429, Arlington, TX 76004-0429 Address (Surety) Secretary (SEAL) LLd 60L&' Witness as to Surety (Address) 202 E. Border, Arlington, TX 76010 (Address) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact.. (Address) 202 E. Border, Arlington, TX 76010 aIndependence Casualty and Surety Company HOME OFFICE. SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INDEPENDENCE CASUALTY AND SURETY COMPANY, a Texas Corporation, does hereby appoint JACK M. CROWLEY its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. flThis Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: 'RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of flthem, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature: and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. flFURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." I 0 0 IN WITNESS WHEREOF, INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duly authorized officers this 15th day of November 1996 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. INDEPENDENCE CASUALTY AND SURETY COMPANY aOn November 15th, 1996 before me, personally appeared John L. Hannum, Executive Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument a I 0 I 0 0 I WITNESS my hand and official seal. MARLRYNA OU SM �. COMM_ 1077909 c� ,, NOTARY Pi;"i JGC-I; CS PA to (1)"M -% SAN DECO C UN'I e 0 MCommission Ez:.Erss -` CERTIFICATE: K.OVEMSER 19,1?S9 otary Public 1, E. Hamed Davis, Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 22nd day of June 1999 INDEPENDENCE CASUALTY AND SURETY COMPANY i ICS 37 " E. Hamed Davis, Vice President 0 0 CITY OF FORT WORTH, TEXAS CONTRACT [1 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT [I This agreement made and entered into this the 22''1' day of JUNE A.D. 1999 , by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, a organized and existing under and by virtue of a special. charter adopted by the qualified voters within said City of the 11 day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City council of said City and the City of Fort Worth being hereinafter termed Owner, JACKSON CONSTRUCTION, INC., HEREINAFTER CALLED CONTRACTOR. WITNESSETH: That said parties have agreed as follows: 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: STORM DRAIN REPLACEMENT IN BISHOP STREET FROM AVENUE D TO aROSEDALE STREET I] 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 and Water Department of the City of Fort Worth and fl 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. 0 3. ElThe 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. 0 C-1 0 I 4. a 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 ofQ working 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 fl which may thereafter become due him, the sum of $210.00 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. ci 5. C 0 0 0 0 El C 0 0 0 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 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 specification 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, and does hereby indemnify, hold harmless and defend owner and the Construction manager, their officers, agents, servants, and employees, from and against any and injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said contractor does hereby convenat and agree to assume all liability and responsibility of Owner and the Construction Manager, their officers, agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees and invitees whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees or the Owner. Contractor likewise convenants and agrees to, and does hereby, indemnify and hold harmless Owner and Construction Manager from and against any and all injuries, loss or damages to property of the u C-2 0 Owner and Construction Manager during the performance of any to the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, a any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. I] In the event a written claim form damages against the Contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Department of engineering, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Department of Engineering to the Transportation and Public Works Department for a period of thirty (30) days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Department of Engineering that the claim has been settled and a release has been obtained from the claimant involved. fl Although the claim concerned remains unsettled at the expiration of the above 30 -day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi- final payment to be in an amount equal to the total dollar amount then due less the dollar value or flany written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Department of Engineering. The Director of the Department of Engineering shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits Elevidence in writing satisfactory to the Director that: a (1) The claim has been settled and a release has been obtained from the claimant involved, or (2) Good faith efforts have been made to settle such out -standing claims, and such good faith efforts have failed. If condition (1) above is met any time within the six (6) months period, the Department of Engineering shall recommend that the final payment to the Contractor be made. If condition 92) above is met at any time within the six (6) month period, the Department of Engineering may recommend that the final payment to the Contractor be made. At the expiration of the six month period the Director may recommend that final payment be made if all other work has been a performed and all other obligations of the Contractor have been met to the satisfaction of the Department of Engineering. The Director of Department of Engineering may, if he deems it appropriate, refuse to accept bids flon other City of Fort Worth Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. U 0 ElC-3 0 0 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 Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total Ocontract 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. 0 8. Q Said City agrees and binds itself to pay, and the said Contractor 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 a 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 ONE HUNDRED FIFTY-FIVE THOUSAND THREE HUNDRED SEVENTY-FOUR AND NO/100 .............................. ($155,374.00) 9. It is further agreed that the performance of this Contract, either in whole or in part, shall g not be sublet or assigned to anyone else by said Contractor without the written consent of the LI Director of the Department of Engineering. 0 10, The Contractor agrees to pay at least the minimum wage per hour for all labor as the same 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. 0 0 I I 0 0 C-4 Li n 11. 0 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. 0 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 fl signed in 8 counterparts in its name and on its behalf by the City Managers 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 7 counterparts with its corporate [II seal attached. 0 C I III' II 0 n 0 0 I Done in Fort Worth, Texas this the 22ND day of JUNE A.D., 1999. ' RECOMMENDED: ii DIRECTOR, DEPARTMENT OF ENGINEERING CW C Ll G 0 0 JACKSON CONSTRUCTION, INC. CONTRACTOR BY:74 _%_ TITLE 5112 SUN VALLEY FORT WORTH, TX 76119 ADDRESS November 1960 Revised May 1986 Revised September 1992 Revised January 1993 CITY OF FORT ORT BY: ASST. CITY MANAGER CW APPROVED: TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: CITY SECRE ARY (SEAL) Contract Authorization Date APPPROVED AS TO FORM AND LEGALITY ASST&17Y ATTORNEY C-6 PROJECT DESIGNATION SIGN p ,l/4" D City o Fort Wort. LIsIR• D 4 D T: U w4 __ : U4.-ct T*I• D j ro ject Title Contractor: DntCactors Name duled Completion Date ear Li LOiWRM WHITE ( $LUC RACKCRONMD Wi WHITE LETTER$ ) LI LETTMx6sCITY OI IORT WORTH-�00K,tAM DCY, RjiJC _ PROJCCT TITL£ .COHTR*CTOR • DATE IN IIELVETICw D. LI SEE NOTE O •[LOW txitT Cu., CxIST xM,AC KM..C. IE►LACEYCNT [xIST NYAC $UIFAL[ 7 tiKT CUR• G •utTLR $u.FAGL ( t YIN ) \ • SUTTER SAW CUT-\ SAW CUT - -•... : . 1 t2• .. : I, I'AMRE COAT NOTE!: x t I !t COMCRNLT[ D 2.2T CONCRCT[ SHALL K NSULLED A wt OF 1 ALL TRtNCH YCIFILL IIYLL NUT tlttGT MSC RCIDW $O TON Of EXIT.*M.M.A.C. MVLIILNT, REOWAEMENTI FOR IIRAOATION AN• COMMJACTIOM Al SPECIFIC* IN ITEM 05 OF THE ITAJOA*O IPtCIPICA• • TIOM FOR CONSTRUCTION, PYSLIC ALL EXIST. ASfKALT *JIAt�1.111.SE( RtPP1 AfG�:DQTO THE •t/ORR1 09FT , CITY OP FORT WORTH ORAfGSN L O[fj1LFMIMKIIGRAO£Dx SURFI.CG c uURSE. TtXAS OR. SACKMI. Al VIEC)FKD N SCCTIONS E 1- 2 AMID E2. 2 OF THE • I►EOFICATIONS FOR WATER DCPART- NCMT ►R0J[CTI, FORT WORTH WATER ILPT,CITY OF FORT NORTH, TEXAS. m •tDDING Of PIPS TO MATCH ADJACLMT t[CT10N OR SPECIFICATION 402, WHICNSVER 1• MORE STRNGENT. P0.1'• -UP FAICWTT INSTALLATION 0 ON MA.JORPRO TS.TK PROJECT CM*CZR OR DEIRM[R WfT . . EVALUTt THE FUN.. WCTH Of t)OSTSIS )LM•A.. P0Vwdtxr Al ►r•E TO TMpC10NL1l. rxM • AMUTT TO v 1IUGTAMD COHGTIHICTTOU LOAONS. If AFTROPRIATE,TH[ IMILL WIOTN OF 21"ACK )MALL '. DITCH WALL K RCMOVED• REPLACED NTTN APPROPRIATE TMATI�NT T• ' EXISTING SAIL OR SUSSSAW NATLRIAL. TYPICAL sECT1ON-TRNckLRPA1R TYPICAL H. M. A. C"SURFACE WITH SOIL BAS * NOT WN ASP%6<IE OGwPKTI ' C;TY Of FORT rOA' JV nEv•e-70-!12 TRANSP'RTATIIIN/PUBLIC WvRKS DEPT. REV -11 -I -TS fI` Fw so. C•3229 !A"I/Ac.(tPf DIVISION REV-IZ.l$-AO EX/5 T. S TREE T PA VEMEIV T / MIN/MUM COLD MAX A SPHA L T EX/Sr. BASE BAs Granular Embedment I. 6"J ►, 61/ Min . •Min. •TEMPORARY. PAVEMENT REPAIR FIG.., 6. 6 in. City of Fort Worth, Texas "Agor and Council Communication DATE 6/22/99 REFERENCE NUMBER **C-1 7485 LOG NAME 30DRAIN PAGE 2 of 2 SUBJECT CONTRACT WITH JACKSON CONSTRUCTION, INC. FOR STORM DRAIN REPLACEMENT IN BISHOP STREET FROM AVENUE D TO ROSEDALE STREET FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MG:j Submitted for City Manager's Office by: Mike.Groomer 6140 FUND ACCOUNT CENTER AMOUNT CITY SECRETARY (to) APPROVED CITY COUNCU_ JUN 22 1999 City Secretary of tIu Cite of Fort Worth. Texas Originating Department Head: A. Douglas Rademaker 6157 (from) C115 541200, 020115028907 $155,374.00 Additional Information Contact: A. Douglas Rademaker 6157 City of Fort Worth, Texas "Invor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/22/99 **C-17485 30DRAIN 1 of 2 SUBJECT CONTRACT WITH JACKSON CONSTRUCTION, INC. FOR STORM DRAIN REPLACEMENT IN BISHOP STREET FROM AVENUE D TO ROSEDALE STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Jackson Construction, Inc. in the amount of $155,374 for storm drain re Iacement in Bishop Street from Avenue D to Rosedale Street. DISCUSSION: The reconstruction of Bishop Street from Avenue D to Rosedale Street was an approved project in the 1990 Capital Improvements Program (CIP). During sanitary sewer construction, excavation revealed deteriorated and collapsed, non -reinforced concrete storm drain pipe in Bishop Street. The Transportation and Public Works Department has reviewed the Department of Engineering's recommendation to replace the storm drain pipe from Rosedale to a point 170 feet east of Bishop in Avenue D and concurs with the project. In addition, the street's realignment will eliminate a section of storm sewer crossing private property. This failed section of storm drain pipe was unforeseen and was not included within the original scope of the street reconstruction project as approved in the 1990 CIP. Funds approved in the 1998 CIP for small drainage projects will be used to pay for the cost of replacing this section of storm drain pipe. The project was included as an addendum to the M-390 Group 6, Contract 1, Part 11, Wet Weather contract. The following bid was received on May 6, 1999: BIDDER Jackson Construction, Inc. AMOUNT TIME OF COMPLETION $155,374 30 Working Days Specified The contingency for possible change orders is $7,769. Jackson Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 4% MIWBE participation and documenting good faith effort. The City's goal for this project was 10%. This project is located in COUNCIL DISTRICT 5, Mapsco 78L.