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Contract 29343
CITY SECRETARY CONTRACT NO. i 9 32 SPECIFICATIONS AND CONTRACT DOCUMENTS T FOR ORIGINAL BRIDGE REPAIR AT GREENBELT/ TRINITY RIVER, BASSWOOD/ WHITES BRANCH AND t COOKS LANE/ COTTONWOOD CREEK (2003-6) 12-04-03PO4 : 11 RCVD' MCORM COMM NTRACMNM PROJECT: GS93-020930260610 '� � �. a ..CITY SECRETARY CLi1(rviANAr'ER'S OFFICE �.,._E1�l1�ltNG DIV. FOR TIPW-FILE COPY 1 THE CITY OF FORT WORTH,TEXAS AUGUST 2003 i� MICHEAL J. MONCRIEF GARY JACKSON MAYOR CITY MANAGER ROBERT D. GOODE, PE DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT GEORGE BEH-MANESH, PE—ASSISTANT DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT I A. DOUGLAS RADEMAKER,P.E. DIRECTOR OF ENGINEERING DEPARTMENT t OF r Prepared by: TranSystems Corporation ;' rr *... 500 West Seventh St.,Suite 600 .......... ,. Fort Worth,Texas 76102 �MICHAEL F. BROWN 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/21/2003 DATE: Tuesday, October 21, 2003 LOG NAME: 20BRIDGE03-6 REFERENCE NO.: **C-19817 SUBJECT: .. Award of Contract to Ed A. Wilson, Inc. for Bridge Repairs at Greenbelt/Trinity River, Basswood/Whites Branch, Cooks Lane/ Cottonwood Creek 2003-6 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Ed A. Wilson, Inc. in the amount of $263,430.00 for 90 working days for Bridge Repairs at Greenbelt/Trinity River, Basswood/Whites Branch, Cooks Lane/Cottonwood Creek 2003-6. DISCUSSION: In the FY2002-2003 Contract Major Maintenance Program, various types of maintenance techniques are used to maintain the City's street network, including bridges. This project will repair erosion problems at - the following locations: Bridggs Across Greenbelt Trinity River Basswood Whites Branch Cooks Lane Cottonwood Creek The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25% of the contract award. This project was advertised on August 7 and 14, 2003. On September 11, 2003, the following bids were received. Bidders Amount Ed A. Wilson, Inc. $263,430.00 Laughley Bridge&Construction Inc. $274,867.00 Mark North Erosion Systems, Ltd. $289,897.25 M.A.Vinson Construction Co., Inc. $324,772.00 Linder Construction Company, Inc. $329,965.00 Earth Builders, Inc. $357,175.00 Ed A. Wilson, Inc. is in compliance with the City's MWBE Ordinance by committing to 23% MIWBE participation.The City's goal on this project is 23%. This project is located in COUNCIL DISTRICTS 4 and 5. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centem FROM Fund/Account/Centers GS93 541200 020930260610 $263,430.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT, ADDENDUM No.1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR BRIDGE REPAIR AT GREENBELT/TRINITY RIVER, BASSWOOD/WHITES BRANCH AND COOKS LANE/COTTONWOOD CREEK (2003-6) PROJECT: GS93-020930260610 The contract and documents for the subject project are hereby revised or amended to clarify the scope of work as follows: 1. Under item 432.4 of the TxDOT Specifications, filter fabric is only required when noted on the plans. For this project, filter fabric will be required at all locations Stone Riprap (Common) is being placed including thepayitem "Remove and Replace Stone Riprap." In accordance with 432.6 Payment, filter fabric will not be paid for directly but shall be considered subsidiary. 2. Flexible Base placed underneath concrete riprap will not be paid for directly but shall be subsidiary to Concrete Rirap (CL B). 3. The quantity(250 CY and 2487 CY) on Sheet 2 for Embankment Ty A is incorrect. 50 CY of Embankment is required for Cooks Lane resulting in a project total of 2287 CY. 4. The MBE goal for this project is hereby revised. The new goal for this project is 23%. Please acknowledge receipt of this addendum by inserting signed copy of same into your proposal at time of bidding. Failure to return a signed copy of this proposal shall be grounds of rendering the bid non-responsive. RECEIPT ACKNOWLEDGED: By: GeorgeAehmanesh, P.E. Assistant Director, T/PW SPECIFICATIONS AND CONTRACT DOCUMENTS FOR FBRIDGE REPAIR AT GREENBELT/TRINITY RIVER,BASSWOOD/WHITES BRANCH AND COOKS LANE/COTTONWOOD CREEK(2003-6) FIN THE CITY OF FORT WORTH,TEXAS FTP/W PROJECT NO.GS93-020930260610 2003-6 F F F F F ri r TABLE OF CONTENTS 1 -Notice to Bidders 2- Special Instructions to Bidders 3—Scope of Work 4—Prevailing Wage Rates 5 -Proposal 6 -Vendor.Compliance to State Law 7-City of Fort Worth Minority/Women Business Enterprise Policy 8 - Special Provisions 9- Contractor Compliance with Workers' Compensation Law 10-Certificate of Insurance 11 -Performance Bond 12—Payment Bond 13—Maintenance Bond 14—Experience Record 15—Contract GAI 99\0041 1\four bridges`Specs and Contract Doc\eg 00411 TOC.doc TC-1 NOTICE TO BIDDERS Sealed proposals for the following: BRIDGE REPAIR AT GREENBELT/TRINITY RIVER,BASSWOOD/WHITES BRANCH AND COOKS LANE/COTTONWOOD CREEK(2003-6) PROJECT NO. GS93/020930260610 Addressed to Gary W. Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., September 11, 2003 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of$20.00; such deposit will be refunded if the document is returned in good condition within(10)days after bids are opened. Additional sets may be purchased on a - nonrefundable basis for twenty dollars ($20.00) per set. These documents contain additional information for prospective bidders. A pre-bid conference will be held at 10:00 A.M.,August 25, 2003 in the Transportation Public Works Conference Room 270,2°d floor,Municipal Building. Bid security is required in accordance with the Special Instruction to Bidders. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM, and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non- responsive. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all Addenda may be rejected as being nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-871-7910. In accord with City of Fort Worth Ordinance No. 11923,as amended by Ordinance No. 13471,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. 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's as appropriate. The documentation must be received no later than 5:00 PM, 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 nonresponsive. The Managing Department for the project is the Department of Transportation and Public Works. For additional information,contact Don McChesney at(817)871-7901. GARY W.JACKSON GLORIA PEARSON CITY MANAGER CITY SECRETARY George Behmanesh,P.E. Assistant Director, Department of Transportation Public Works Advertising Dates: August 7,2003 August 14,2003 SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud,the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities,to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at(817) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non- responsive. P SPECIAL INSTRUCTIONS TO BIDDERS - 1 - 4. AWARD OF CONTRACT: The contract, if awarded,will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")is received by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the -• City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less,payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall ,^ be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to �- the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City SPECIAL INSTRUCTIONS TO BIDDERS -2- 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not ,.� discriminate against any person(s)because of sex,race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth(1986), as amended,prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Workers Compensation(statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto", defined as autos owned,hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after 's bid opening, Contractor shall be entitled to additional compensation equal to 110%of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms SPECIAL INSTRUCTIONS TO BIDDERS -3- or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. �. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS -4- "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form,Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable,must be submitted no later than 5:00 p. m. five(5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder,now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the NVWBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project,the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. a Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month,place a"0" or "no participation" in the spaces provided, and provide SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment:' 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining,in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s)prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise(M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud PF SPECIAL INSTRUCTIONS TO BIDDERS -6- W ,m will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. MR 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PAYMENT,FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: The contractor will receive full payment(less 5%retainage) from the city for each pay period. Payment of the retainage will be made with the final payment upon acceptance of the project as being complete. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. The warranty period shall begin as of the date that the final punch list has been completed. 15. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service,will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days,the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Ozone Alert Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. SPECIAL INSTRUCTIONS TO BIDDERS -7- Persons providing services on the project("subcontractor" in 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies,motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include,without limitation,providing,hauling, or delivering equipment or materials, or providing labor,transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage,based on proper reporting of classification ^� codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage,prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission,informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: SPECIAL INSTRUCTIONS TO BIDDERS -8- (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project .� and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. SPECIAL INSTRUCTIONS TO BIDDERS -9- "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be cover and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: REQUIRED WORKERS'COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing,hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy("Policy") of the Executive MR Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability, terns or conditions of employment for applicants for employment with, or current employees of,Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless SPECIAL INSTRUCTIONS TO BIDDERS -10- PP against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -11- Scope of Work This project is for channel grading, repair and stabilization at three locations: Greenbelt and the Trinity River, Basswood and Whites Branch, and Cooks Lanes at Cottonwood Creek. All three locations are with Fort Worth City Limits. The work is to include grading, excavation, clean-up, retaining walls,rock and concrete riprap. 1 Contractor will provide traffic control at each site in accordance with the "Manual of Uniform rTraffic Control Devices". .l 3(1) P G:\FW02\0206\.Specs\greenbeltetc\.scope.doc CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 2000 ASPHALT RAKER $ 10.32 ASPHALT SHOVELER $ 9.75 BATCHING PLANT WEIGHER $ 9.65 CARPENTER( ROUGH) $ 13.64 CONCRETE FINISHER-PAVING $ 10.16 CONCRETE FINISHER HELPER(PAVING) $ 9.70 CONCRETE FINISHER-STRUCTURES $ 13.44 FLAGGER $ 7.00 FORM BUILDER-STRUCTURES $ 13.44 FORM SETTER-PAVING & CURB $ 10.25 FORM SETTER-STRUCTURES $ 9.75 LABORER-COMMON $ 7.64 LABORER-UTILITY $ 8.64 MECHANIC $ 13.25 SERVICER $ 10.13 PIPE LAYER $ 7.35 PIPE LAYER HELPER $ 6.75 ASPHALT DISTRIBUTOR OPERATOR $ 11.45 ASPHALT PAVING MACHINE OPERATOR $ 11.09 CONCRETE PAVING SAW $ 10.53 CRANE,CLAMSHELL, BACKHOE,DERRICK, DRAGLINE, SHOVEL(<1 1/2 CY) $ 10.00 CRANE,CLAMSHELL, BACKHOE,DERRICK, DRAGLINE, SHOVEL (<1 1/2 CY) $ 11.52 FRONT END LOADER (2 1/.2 CY& LESS) $ 9.94 FRONT END LOADER (over 2 1/2 CY) $ 9.32 MILLING MACHINE OPERATOR $ 8.00 MIXER $ 11.00 MOTOR GRADER OPERATOR(FINE GRADE) $ 12.31 MOTOR GRADER OPERATOR $ 13.75 PAVEMENT MARKING MACHINE $ 11.00 ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS $ 9.88 ROLLER,STEEL WHEEL OTHER FLATWHEEL OR TAMPING $ 12.12 ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER $ 8.02 TRAVELING MIXER $ 10.00 REINFORCING STEEL SETTER(PAVING) $ 9.75 TRUCK DRIVER-SINGLE AXLE (LIGHT) $ 8.00 TRUCK DRIVER-TANDEM AXLE SEMI-TRAILER $ 10.22 TRUCK DRIVER-LOWBOY/FLOAT $ 10.54 TRUCK DRIVER-TRANSIT MIX $ 10.63 TRUCK DRIVER-WINCH $ 9.80 eg 2000wagerates.xls 4 (l) PART5 - PROPOSAL TO: GARY JACKSON FROM: E VV -So n . ric . CITY MANAGER .r- FORT WORTH, TEXAS FOR: BRIDGE REPAIRS AT GREENBELT/TRINITY RIVER,BASSWOOD/WHITES BRANCH, AND COOKS LANE/COTTONWOOD CREEK(2003-6) PROJECT: GS93-020930260610 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 fully complete the work as provided in aw the Plans and Specifications, and subject to the inspection and approval of the Director,Department of Engineering of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however,they are given for the purpose of bidding on and awarding the contract dRW Upon acceptance of this proposal, 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 the said work within the time stated and for the following sums to-wit: Pay Txdot Approximate Description of Bid Item Prices Unit Total Item Specification Quantity Written in Words Price Price Item Furnish and install,install all appurtenant work,complete in place,the following items. 50p06•ov a3,ooa "50 1. 100 0.46 AC Preparation of ROW(Acre) ��k &S.P. KX t�t '*I �nonars& I J Q Cents per SF I;,)Ike S4 6 1 as.-00 C;-. � ki2 2. 104 105 CY Remove Existing Concrete S c :� $ &S.P. NE HavoAM Nokft .>FivC- U� —� Ll- - - � - Dollars& J"^ © Cents per SF r� G.IFW01101061Specsl,greenbellelcleg00411 Proposaldoc 5 (l) Pay Txdot Approximate Description of Bid Item Prices Unit Total Item Specification Quantity Written in Words Price Price Item Furnish and install,install all appurtenant work,complete in place,the following items. .00 1 ,oa �; ?fib K2, 2. 132 2,287 CY Embankment(Ty"X)(Class $ $ 3) 7vdga'1� Dollars& V 0 Cents per SF �sd� -2/J_ 9 5' •00 /C . 423 998 SF Retaining Wall lock �� $ T 7 V 3 g (Block) vE F I� � Dollars& k� No Cents per SF •O[� �� ��s✓v 1//� , l�lC� 5 432 94.25 CY Concrete Riprap(Cl B) $ o ?wee 11 a nage "R =2123M= Dollars& Ala Cents per SF � p0 6 432 1,147 CY Stone Riprap(Common) $ �,�EUIEgJ?L1 Dollars& 1w{/ Cents per SF 7 511 1 LS Mobilization $ .S 06Q#"$a5 QIDO 00 If Dollars& 1 ® Cents per SF G.IFW02W206Wpec *w1rbeltetcleg 00411 Proposal doc 5 (2) i t Pay Txdot Approximate Description of Bid Item Prices Unit Total Item specification Quantity Written in Words Price Price Item. Furnish and install,install all appurtenant work,complete in place,the following items. 8 S.P. 461 CY Remove and Replace Stone $ 50.°° $ 23,6571 0.°O Riprap � � Hollers& I V o Cents per SF TOTAL EID: $ 3 30 G.IFW02102061Specs�greenbeltetcleg 00411 Proposaldoc 5 (3) PART 5-PROPOSAL(Continued) Within ten(10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Survey Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the most recent edition of the Standard Specifications for Street and Storm Drain Construction, City of Fort Worth,Texas and that he has read and thoroughly understands all the requirements and conditions of those standard specifications and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization,subcontractors,or employment agency in either fiunishing or referring employee applicants to the undersigned are not discriminated against as prohibited by terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. construction within 10 working da after issue of the work order, and to The Bidder agrees to begin struct ng ys , complete the contract within 90 working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below,as applicable): [] A. The principal place of business of our company is in the State of [] Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. [] Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. ;<B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. G.IFW02102061SpecslgreenMietcleg00411 hvposoLdoc 5 (4) Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No.3 (Seal)If Bidder Corporation Respectfully submitted, By: /. in, Knox , kos-s Title: S 0-G r e-+-6L r Address: 9h-P-Fn r6( F+,- . Wo V,4--k 716. -76o U G.IFW0210206ISpecsl.-reenbelletcleg 00411 Proposaldoc 5 (5) OW ATTACHMENT 1A Page 1 of 4 Foy WORTH t City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Ed A. Wilson, Inc. PROJECT NAME: M/W/DBE NON-M/W/DBE BRIDGE REPAIR AT GREENBELT/TRINITY RIVER,BASSWOOD/WHITES BRANCH AND BID DATE COOKS LANE/COTTONWOOD CREEK(2003-6) 9-4-2003 City's M/WBE Project Goal: �7 Prime's M/WBE Project Utilization: PROJECT NUMBER � 7 oC.3 O o a 3 0 GS93120930260610 f Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, PM will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct W payment from the prime contractor to a subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL MfWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. PF Rev.5/30/03 rPI ATTACHMENT 1A FORT WORTH Page 2'of 4 Primes are required to identify ALL subcontractorstsuppliers,regardless of status;i.e.,Minority,Women and non-M/ WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (chedc one) o SUBCONTRACTOR/SUPPLIER n P- Company Name N T Detail Detail Address i M WC X M Subcontracting Work Supplies Purchased 'Dollar Amount Telephone/Fax r B B T D W E E R O B AND C T E A PW A & A Construction 1 X Retaining Wall $20,000 Ow Ow Ray's Materials 1 X Stone $30,000 „f S & M Materials 1 X Concrete $ 5,000 r Rebar Services X Reinforcing' $ 500 Steel Ramon Trucking 1 X Trucleing 5,000 $ Ricochet Fuel 1 X Fuel $ 1,000 rRev.5/30/03 pw ATTACHMENT 1A FORT WORTH Page 3 of 4 Primes are required to identify ALL subcontractorstsuppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTORISUPPLIER T n i N T Detail Detail Company Name Address e M wC X M Subcontracting Work Supplies Purchased Dollar Amount T D VY Telephone/Fax r B B E E R O B C T E �. A Rev.5130103 of ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 61,500.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 201,930.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 263,430.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MNVBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. PO By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including PF MNV/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit-and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the MNV/DBE(s) on this contract, by an authorized officer or employee of the City.' Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1)year. /�. Knox Ross AuUwrhW Si nature Printed Signature Division Manager Title Contact Name itle(if different) Ed A. Wilson, Inc. 817-923-6400 817-923-6242 rCompany Name Telephone and/or Fax 2526 W. Pafford St, kross@edawilson.com FAddress E-mail Address Fort Worth, TX 76110 9/18/03 City/StaterZip Date Rev.5/30/03 SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION 8t PUBLIC WORKS DEPARTMENT FOR: BRIDGE REPAIRS AT GREENBELT/TRINITY RIVER, BASSWOOD/WHITES BRANCH&COOKS LANE/ COTTONWOOD CREEK PROJECT: GS93-020930260610 1. SCOPE OF WORK: This work shall include all materials, labor, equipment, tools and incidentals necessary to construct the proposed culvert and channel repairs in accordance with the specifications. This work shall consist of high pressure wash, sealing, patching, and finishing of concrete. This work shall include all other miscellaneous items to be performed as outlined on the specifications that are necessary to satisfactorily complete the work. �JPrior to beginning operations, a conference between the contractor's representative and the City will Jbe arranged by the City. in this meeting, the contractor will be required to outline the proposed repair procedures, sequence of work to be followed, and estimated progress schedule. The contractor will also provide manufacturer's data on all materials to be used for the repair of the culvert and channel at this meeting. The City may take up to seven days to approve these materials. This contract and project are governed by the two following published specifications except as modified by these special Provisions: Standard Specifications for street and storm drain Construction—City of Fort Worth Standard specifications For Public Works Construction—North Central Texas Standard Specifications for Construction of Highways Streets and Bridges -TxDOT Specifications may be purchased (except TxDOT)at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd floor, Municipal Building, Fort Worth, Texas, 76102. The specifications applicable to each pay item are indicated on the call out for the pay item by the designer. If not shown the applicable published specifications in wither of these documents maybe followed at the discretion of the Contractor. General provisions shall be those of the Fort Worth document rather than division 1 of the North Texas Central Document.. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bid or bidder. The Director of Transportation and Public Works shall evaluate and recommend to the City Council the bid and bid alternate which is considered to be in the best interest of the City. Contract will be awarded �] to the lowest responsive bidder. JThe 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 �l City. J Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be ground for designating.bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by.the City. +^Il 3. SCHEDULE: The Contractor agrees to complete the Contract within 90 working days. If the JContractor fails to complete the work within the number of calendar 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. 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. i� eg 00477 SpecProv.doc 8 (1) �j t-4- SPECIAL PROVISIONS IV CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT Final cleanup work shall be done for this project as soon as each bridge has been completed. No more than seven (7) days shall elapse after completion of construction before the roadway and right- of-way is cleaned up to the satisfaction of the Engineer. 4. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of the work to be done or materials to be furnished under any major pay item of the Contract is more than 125% of the quantity stated in the Contract, whether stated by Owner or by Contractor, then either party to the Contract, upon demand, shall.be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the Contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the Contract is less than 75% of the quantity stated in the Contract, whether stated by Owner or by Contractor, then either party to the Contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the Contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this Contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost_ equal to or greater than five (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 five (5%) percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus fifteen (15%) percent as described herein below, agreed upon in writing by the Contractor and Director, 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 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, Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The fifteen (15%) percent 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 within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director, Department of Engineering l access to all accounts, bills and vouchers relating thereto. �J 5. MAINTENANCE STATEMENT: 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 final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 6. 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 Statutes, pertinent sections being Section Nos. 27;29, 30 and 31. eg 00411 SW&rov.doc 8 (2) SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT r� 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 (telephone number 817-870-8075) 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 TP/Ws not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. L.y 7. PAYMENT: The Contractor will receive a monthly payment (minus 5% retainage)from the City for all work for each monthly pay period. Payment of the remaining amount shall be made with the final L S payment, and upon acceptance of the project. 8. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 9. 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 the construction area, as required by the City, 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 to the latest edition of the "Texas manual on, Uniform Traffic Control Devices, Vol. No. 1". The Contractor shall conduct his activities to minimize obstruction of access to drives and property during the progress of construction. Notification should be made to an owner prior to his driveway being rebuilt. 10. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the - Contractor shall advise the Director of 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 t 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 J not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit eg 00411 SpecProv.doc 8 (3) -r� SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION &PUBLIC WORKS DEPARTMENT 1 authorizing fill within the flood plain. Any expenses associates with obtaining the fill permit, including any necessary engineering studies, shall be at Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, 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. 11. ZONING REQUIREMENTS: During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 12. CLEARING AND GRUBBING: All objectionable matter required to be removed within the right-of- way and not particularly described under these specifications shall be covered by Item No. 102, "Clearing and Grubbing"and shall be subsidiary to the other items of the contract. 13. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 14. SAFETY RESTRICTION WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: a. A warning sign not less than five inches by seven inches (5" x 7"), painted yellow with black letters that are legible at twelve (12') feet shall be placed inside and outside vehicles such asM cranes, derricks, power shovels, drilling rigs, pile drive, 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 (10')feet of high voltage lines shall have an insulating cage type or guard about the boom or arm,except backhoes or dippers, and insulator links on the lift hook connections. c. When necessary to work within six (6') feet of high voltage electric lines, notification shall be given the power company (T.U. Electric Service Co.) who 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 T.U. Electric Service Company and shall record action taken in M a each case. d. The Contractor is required to make arrangements with the TU Electric Service Company-for the temporary relocation.or raising of high voltage lines at the Contractor's sole cost and expense. e. No person shall work within six (6) feet'of a high voltage line without protection having been taken as outlined in Paragraph (3). 15. 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 provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. eg00411 SpecProv.doc 8 (4) SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT b. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the .City shall, until 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 the 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. City shall give subcontractor reasonable advance notice of intended audits. c. Contractor and subcontractor agree to photocopy such documents as may be requested by the City.The City agrees to reimburse contractor for the cost of copies as follows: 1) 50 copies and under- 10 cents per page 2) More than 50 copies-85 cents for the first page plus fifteen cents for each page thereafter o � 16. TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL: a. DESCRIPTION: This item shall consist of temporary soil erosion, sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures__ unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by this construction operations. The temporary measure shall include dikes, dams, berms, sediment basins, fiber mats, jut netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, diked, slope drains and other devices. b. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment-basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated l' with permanent control features on the project. �) The Engineer will limit the area of preparing the right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding and other such permanent pollution control measures_ current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil erosion control measures shall be performed as directed by the Engineer. JThe contractor shall also conform to the following practices and controls. All labor, tools, equipment and incidentals to complete the work will not be paid for directly, but shall be �j considered as subsidiary work to the various items included in the contract. JWaste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing eg 00411 SpecProv.aoc 8 (5) F1 SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION &PUBLIC WORKS DEPARTMENT stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations that are not part of the finished work. The CONTRACTOR shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bituments, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. c. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and not extra pay will be given for this work. 17. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examination and explorations as may be necessary to determine all conditions which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing .� improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions which may give rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. 18. WATER FOR CONSTRUCTION:Water for construction will be furnished by the Contractor at his own expense. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or property exposed by his construction operations. Contractor shall make all necessary provisions for the support, protection and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewers lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. The contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for ' the protection and/or temporary relocation of such facilities are deemed subsidiary work and the cost of same and shall be included in the cost bid for the various bid items. No additional compensation l will be allowed. J 19. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors -� prior to final payment,final payment shall not be made until Contractor either(a)submits to Owner eg 00411 SpwProv.doc 8 (6) poll SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 21. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary sanitary conveniences for the use of workers at the project site. Specific attention is directed to this requirement. 22. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specified item for bid has been provided in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price in the Proposal for each bid item. Surface restoration, cleanup and relocation of mailboxes are general items of work which fall in the category of subsidiary work. 23. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the Standard Specifications. CONSTRUCTION NON-PAY ITEM NO. 1 -PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: Removal of debris and dumped materials presently under bridge • Removal of weeds and other vegetation which interferes with the operation of the bridge or the completion of this project Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off or under bridge property. If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment(and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the painting has been completed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. eg 00.411 SpecProv.doc 8(7) SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION 8, PUBLIC WORKS DEPARTMENT NON-PAY ITEM NO. 2 -PROJECT DESIGNATION SIGN: The contractor shall construct and install two (6) Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of%4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work,which includes the painting of the signs, installing and removing the signs,furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. NON-PAY ITEM NO. 3 - MAINTAINING ACCESS: Contractor shall be responsible for maintaining access to all homes and businesses during construction. NON-PAY ITEM NO. 4 — MEASURING: Contractor shall measure and submit to the engineer all quantities for payment prior to beginning construction. NON-PAY ITEM NO. 5—FLOWABLE BACKFILL: PART GENERAL 1.1 SECTION INCLUDES A. This Item shall consist of furnishing & placing flowable backfill material under bridge abutments, wingwalls and retaining walls in accordance with the details shown on the plans and in this section or approved by the Engineer. B. All materials and construction methods shall conform to TxDOT Item 421 "Concrete for Construction"unless otherwise noted. 1.2 SUBMITTALS riA. Submit the proposed design mix to the Engineer fourteen(14)days prior to beginning of placement. PART 2 MATERIALS ��JJ 2.1 Fly Ash A.Type B fly ash shall not be used with TY II cement. 2.4 Fine Aggregate J A. The fine aggregate shall be fine enough to stay in suspension in the mortar to the extent required for proper flow.The fine aggregate shall conform to the following gradation and plasticity index (PI) requirements. eg 00411 SpecProv.doc 8(8) SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION &PUBLIC WORKS DEPARTMENT Sieve Size Percent Passing 3/4 inch 100 No.200 0-30 PART 3 MIX DESIGN 3.1 Unless otherwise shown on the plans,the Contractor shall furnish an acceptable mix meeting the following requirements: 3.2 Strength A. The 28 day compressive strength range,when tested in accordance with Test Method Tex-418-A, shall be 80 psi to 150 psi,to ensure efficient future excavation.Variations of the specified 1 strength will be allowed as approved by the Engineer. 3.3 Consistence A. The mix shall be designated to be placed without consolidation and shall fill all intended voids. The consistency shall be tested by filling an open-ended three inch diameter by six inches high cylinder to the top with flowable fill. The cylinder shall be immediately pulled straight up and the correct consistency of the mix shall produce a minimum of eight(8) inch diameter circular spread with no segregation. The Contractor shall have the option of using specialty type admixtures to enhance the flowability, reduce shrinkage, and reduce segregation by maintaining solids in suspension.When shrinkage is a concern,the Engineer'may require the flowable backfill to contain a shrinkage compensator or other chemical admixtures to enhance the properties of the mix.All admixtures shall be proportioned in accordance with the manufacturer's recommendations.The flowable fill shall be mixed by central-mixed concrete plant, ready-mix concrete truck, pugmill,or other method approved by the Engineer. PART 4 QUALITY FLOWABLE FILL 4.1 QUALITY A. Unless otherwise shown on the plans,the Contractor shall furnish and properly maintain all test molds.The test molds shall meet the requirements of Test Method Tex-418-A and, in the opinion �, of the Engineer, must be satisfactory for use at the time of use. In addition, the Contractor shall J be responsible for furnishing personnel to remove the test specimens from the molds and transport them to the proper curing location at the schedule designated by the Engineer and in accordance with the governing specification. For all concrete items the Contractor shall have a. wheelbarrow, or other container acceptable to the Engineer, available to use in the sampling of. the concrete.The Contractor is responsible for disposing of used, broken test specimens. A strength test is defined as the average of the breaking strength of two (2)cylinders. Each F1 specimen will be tested in accordance with Test Method Tex-418-A. Curing of the specimen shall be in accordance with the following.Storage conditions during the first 24 hours have an important influence on the strength developed in concrete. During the first 24 hours, all test specimens shall be stored under conditions that prevent loss of moisture and where the temperature range is 60 to 80 degrees F. Immediately after forming the cylinders, cover them with cover plates or caps, then with several thicknesses of wet burlap or wet cotton mats. Keep the covering thoroughly saturated until the cylinders are removed from the molds. For shipment to the laboratory for strength testing,wrap the cylinders carefully in wet paper, secure in wet burlap or seal in a plastic bag. �j eg 00411 SWProv.doc 8 (9) 7► SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION &PUBLIC WORKS DEPARTMENT PART 5 CONSTRUCTION METHODS 5.1 The Contractor shall submit a construction method and a plan for approval of the Engineer. The Contractor must provide a means of filling the entire void area and be able to demonstrate that this has been accomplished:This must be done without the use of a vibrator. Care shall be taken to prevent the movement of the insert structure from it's designated location. If voids are found in the fill or if any of the requirements are not met as shown on the plans, it will be the Contractor's responsibility to remove and replace or correct the problem without additional cost to the city. PARTE MEASUREMENT. 6.1 This Item will be measured by the cubic yard of material in place. Cubic yards will be computed on the basis of the measured area to the lines and grades shown on the plans or as directed by the Engineer. Measurement will not include additional volume caused by slips, slides or cave-ins resulting from the action of the elements or the Contractor's operations. PART 7 PAYMENT 7.1 The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will not be paid for but will be subsidiary to the various bid items. This shall include furnishing, hauling, and placing all materials and for all tools, labor, equipment, and incidentals necessary to complete the work. F1PAY ITEM NO. 1: PREPARATION OF ROW: F) Item 100.1. Description of the TxDOT standard specification is amended as follows This item shall also include excavation and grading as shown in the plans. Excavation shall be �] done in accordance with City of Fort Worth Item 110 and TxDOT Spec Item 110. Gradin shall be J as shown in the plans and as directed by the Engineer. PAY ITEM NO. 2: REMOVING EXISTING CONCRETE: Item 104.1. Description of the TxDOT standard specification, first paragraph, is deleted and amended as follows: r Item 104.1. Description This item shall govern for breaking, removing, placing in areas shown on the plans or as directed by the engineer within the project limits, storing or disposing of existing Portland Cement concrete. PAY ITEM NO. 8: REMOVE AND REPLACE STONE RIPRAP ' PART1 GENERAL 1.1 This item shall govern for removing placing in areas shown on the plans or as directed by the engineer within the project limits,storing or disposing of existing Stone Riprap. PART 2 CONSTRUCTION METHODS 2.1 Existing stone riprap shall be removed from area shown in the plans. Where only a portion of the stone riprap is removed, care shall be taken to leave the remaining portion in a manner satisfactory to the engineer. Any existing areas not shown in the plans or directed by the eg 00411 SMcPmv.doc 8(1 0 ri SPECIAL PROVISIONS CITY OF FORT WORTH TRANSPORTATION &PUBLIC WORKS DEPARTMENT c engineer which are disturbed by the contractor in this process shall be repaired entirely at his expense. Riprap which is to be salvaged but not placed shall be stored in area designated by the engineer in a neat and orderly manner. 2.2 Stone rock riprap under this item shall be placed in areas shown on the plans and as designated FJby the engineer in accordance with TxDOT Specification Item 432 Riprap. 2.3 Riprap to be removed but not salvaged shall be disposed of in areas approved by.the engineer. PART3 MEASUREMENT 3.1 Existing stone riprap shall be measured by the cubic yard in place. This is a pan quantity iJmeasurement item and the quantity to be paid for will be that quantity shown in the plans. PART 4 PAYMENT F-1 4.1 The work performed under this item and measured as provided for under measurement shall paid for at the unit price bid for "Remove and Replace Stone Riprap". This price shall be full compensation for removing rock riprap, storing, placing, loading, hauling, F) . u � �l �J �• 1 eg 00411 Specftv.doc 8(1 1 �j ACORD CERTIFICATE OF LIABILITY INSURANCE CSR DJ DATE(MM/DDnYYY) WILSE-1 1 11/25/1711 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Boley Featherston Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 97513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wichita Falls TX 76307-7513 Phone: 940-723-7111 Fax:940-322-9549 INSURERS AFFORDING COVERAGE NAIC# INSURED Ed A. Wilson, Inc. INSURERA: Bituminous Casualty Corp20095 Tenr Investments, Inc. INSURER B: Interstate Fire & CasualtyIns 22829 Tenir Investments, Inc. dba W. R. Equipment INSURER C: Great American Ins Cc of NY 22136 P: 0: Box 11423 INSURER D: Fort Worth TX 76110-0423 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMR U Kt A X X COMMERCIAL GENERAL LIABILITY CLP3164347B 05/10/03 05/10/04 PREMISES (Ea occurence) $ 100,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 51000 a� PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 POLICYFX ECPROT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X X ANYAUTO CAP3164348B 05/10/03 05/10/04 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peraccident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ r AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 B X OCCUR ❑CLAIMSMADE UM01605568 05/10/03 05/10/04 AGGREGATE $ 10,000,000 RDEDUCTIBLE $ X RETENTION $5,000 $ WCTWORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ INS OTHER C REPT FORM TIM9546263 05/10/03 05/10/04 MAX JOB SEE ATTACHE BLDR RISK MAX CATAS 15,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS r PROJECT: BRIDGE REPAIR AT GREENBELT/TRINITY RIVER, BASSWOOD/WHITES BRANCH, AND COOKS LANE/COTTONWOOD CREED; CITY OF FORT WORTH NAMED AS ADDITIONAL INSURED ON AUTO & GENERAL LIABILITY; WAIVER SUBROGATION APPLICABLE IN CERTIFICATE HOLDER'S FAVOR ON AUTO, GENERAL LIABILITY, WORKERS COMP CERTIFICATE HOLDER CANCELLATION a FORTC 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CITY OF FORT WORTH 1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR FORT WORTH TX 76102 REPRESENTATIVES. AU TI ACORD 25(2001/08) ©ACORD CORPORATION 19. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) S 7BUILDERS T�tILIN�`U' WS N"AM Ed A Wzlao]p Iric3� > , CSR RISK LIMITS: 000,000 any one "Loss" $ 500,000 New Construction at any one Frame or Brick Veneer Jobsite $ 3,000,000 New Construction at any one Joisted Masonry or IMC Jobsite $ 6,000,000 New Construction at any one Masory Non-Combustible Fire Resistive, Semi-Fire Resistive Jobsite $ 500,000 any one "usable existing structure" $ 100,000 while in transit $ 100,000 Temporary Location r w CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Bridge Repairs at Greenbelt/Trinity River, Basswood/Whites Branch, and Cooks Lane/Cottonwood Creek 2003-6 and City of Fort Worth Project No. GS93-020930260610. CONTRACTOR: Ed A. Wilson, Inc. By: ) -AA L9-Lj Name: Ed Wilson Title: President Date: 11-10-03 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Ed Wilson known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of President for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 10th day of November , 20 03 BEVERLY D FARREN Notary Publ' In and for the State of as Notary Public Tex State of Texas r My commission Expires >"t September 21, 2006 Bond #911030 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Ed A. Wilson. Inc. , as Principal herein, and (2) Capitol Indemnity Corporation , a corporation organized under the laws of the State of (3) Wisconsin , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Two Hundred Sixty Three Thousand, Four Hundred Thirty Dollars and No Cents Dollars ( $263,430.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 21st day of October , 2003, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of BRIDGE REPAIRS AT GREENBELT / TRINITY RIVER, BASSWOOD / WHITES BRANCH, AND COOKS LANE /COTTONWOOD CREEK 2003-6 Project No. GS93-020930260610. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in y making good such default, then this obligation shall be void; otherwise, to remain in full l force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 21' day of October , 2003. Ed A. Wilson, Inc. PR IP L al ATTEST: By I _ Name: Ed Wilson (Prince cipal) Secretary Title: President (S E A L) Address: 2704 Lipscomb Fort Worth, TX 76110 Witness as to mcipal Capitol Indemnity Corporation SURETY �(e ATTEST: By: Aaiij C.i4A-- Name: Staci Gross Secretary Attorney in Fact (S E A L) Address: 701 Lamar Wichita Falls, Tx 76301 Witness as to Surety Telephone Number: (940)723-7111 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. Bond #911030 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Ed A. Wilson, Inc. , as Principal herein, and (2) Capitol Indemnity Corporation , a corporation organized and existing under the laws of the State of (3) Wisconsin , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two Hundred Sixty Three Thousand, Four Hundred Thirty Dollars and No Cents Dollars ($263,430.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 21" day of October , 2003, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: BRIDGE REPAIRS AT GREENBELT / TRINITY RIVER, BASSWOOD / WHITES BRANCH, AND COOKS LANE / COTTONWOOD CREEK 2003-6 Project No. GS93-020930260610. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 21-'t day of October , 2003. Ed A. Wilson, Inc. PRI IPA o i � L-,) ATTEST: By:By: " /^7/ / j� ' Name: Ed Wilson (Principal) Secretary Title: President (S E A L) Address: 2704 Lipscomb Fort Worth, TX 76110 Witness as t rincipal _ Capitol Indemnity Corporation SURETY ATTEST: By: QP.CJ Name: Staci Gross Secretary Attorney in Fact (S E A L) Address: 701 Lamar Wichi to pal S Tv 7WIC)l `&l(, U) Witness as to Surety Telephone Number: 940)723-7111 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. MAINTENANCE BOND Bond #911030 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That Ed A. Wilson. Inc. ("Contractor'), as principal, and, Cavi to] Tn Prrmi t4z Cnr=rnti on a corporation organized under the laws of the State of Wisconsin ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of Two Hundred Sixty Three Thousand, Four Hundred Thirty Dollars and No Cents Dollars ($263,430.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 2f of October , 20 03, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: BRIDGE REPAIRS AT GREENBELT / TRINITY RIVER, BASSWOOD / WHITES BRANCH, AND COOKS LANE / COTTONWOOD CREEK 2003-6 the same being referred to herein and in said contract as the Work and being designated as project number(s) GS93-020930260610 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of 2 (Two)Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 21't day of October , A.D. 2003. PRINC ATTEST: By: mull") / Name: Ed Wilson (Principal) Secretary Title: President (S E A L) Address: 2704 Lipscomb Fort Worth, TX 76110 Witness as r ncipal w Capitol Indemnity Corporation SURETY ATTEST: By: Name: Staci Gross Secretary Attorney in Fact (S E A L) Address: 701 Lamar Wichita Falls, TX 76301 �l(Ili P hhA,u Witness as to Surety Telephone Number: (940)723-7111 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. PW rq4o"INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE,SUITE 1400, MADISON,WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O.BOX 5900, MADISON,WI 53705-0900 PHONE(608)231-4450* FAX(608)231-2029 POWER OF ATTORNEY No: 670147 :C0 RPO TION_a KnowA m. en-by t he en 1- hat the' CARTML:I OWN .ITY RA corporation of the 66ti of Wisconsin, having its principal offices in the City of Madison,Wisconsin,does make,constitute gnd:aoint .pp STACI 1.GROSS,STEVEDEALOR DONAL SOLEY and Vw _,And 64, and I its adt-AM as surety, deed, any and.611 b6ridi, undertakings and Contracts of suretyship, providedtariionrf* J6 undertaking M surety hiD executed U hd6r this..Auth eityshall exceed.I n amount he sum.of ---------- NOT TO EXCEED$4,000,000.00 This ower ofollowing; u I P1 ifAtt6rney:J6 t4d ind issigned and sealed b facsirrvile under.and:by.the dUthonty".*of e th Abi'sW" 'icin adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION a meeting calledand INDEUI ng hold on the 1.5th day of May 2002: qRESOLVED,LVED,1haIthe President,and Executive Vce-President,the Secretary or Treasurer;acting Individually or otherwiset 14 artd they W*ar e'granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings,and other writings assistant secretaries and aftomey(s)-in-fact,eacha ointeelo:bovethopq d4uties pbligatGry in the nature thereof-one or more resident vice-prem p powers an Usual to such offices to the business of this com y,the signature of such-:04floars and seal bft-h.emaybe:Affi-xiod to any:such h power.of attomey OT t any certificate relating theretoby facsimile,and arty*such powerof attorney ttor hey'or certificate bearing such facsimile:signdtuees or factirniiii seaVshall be valid And binding upon the Company,and any such power so executed and certified by facsimile signatures and facsimile seat shall be valid and binding upon the Company other wnft in the future with respect to any,bond or.undertaking or.. obligatory: the such appointmen maybeimoked, obli.q.ator re reqfto.,which it.j.9 aft=hje&:Anv i -h f6romwithout it outcam" by any of said officers at any time". ,.IN WITNESS WHEREOF,.the CAPITOL INDEMNITY CORPORATION has capseO tese pients,19.,be signeo',by : -ffl undersigned Corporate al to be hereto affixed duty r.this:15th 4 May 2_1 its:o der and its se attested by..its Treasurer, 00 C"ffoL INIPPIIIN"CORPORATION: Ty -4 7'. A, Thomas K Manion,Treasurer CORPORATE David F.Pauly,Secretary SEA4.... $T F WISCONSIN -.' DANEDANEC 0OF , On the 15th day of.May; A.D. 2002 before me personallyLcame David F. Pauly,to meknown, who being by me duly . L Sworn -did dePose..and L.say: that befeSides int the County of Dane S.We cifMiscon that:::be:Js:thwSecr Secretary'of CAPITOL INDEMNITY CORPORATION,L the corporation described in and which executed the above.instrument; ment;that he kno"the seal ofthe.said corporLatjon,-,i that the:seal affixed to said instrument is such corporate seal;L that-ft.w,". sot.aft. ed- b.. order of the Board of. Directors of said corporation And that he' signed his naive thereto, by like rdec HIM 0 N ov STAVE{)F WW,-,.0 N.SIN' ANE 0UNTY OF OHNE F' F N ES Jaye F.Ehdm:.:: ublicD' Notary P ,carie Co! .. Wj:L:_ My C onrirrde a Ion Expires 3-23-2003 CERTIFICATi^ 1, the undersigned, duty elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION,a Wisconsin Corporation, auth6riz6d_o:.:make this certificate, DO'HEREBY—CERTIFY that'.1he foregoin Q attached Power ofAttomey remains In full force and as not ok4d; �nd more thatlh0i:A utlon': 'the, $Palo of Dirw set.forth in the Power of Attorney is now in.force, Day 6f;!:% %gri0d.bind sildW:: s CORPORATE SEAL Assistant Secreta: didonly.fthepb: w-'dt0' tqwney ntTitwifImM d:in upper :Ag. ,ft hand coner;apipem.: _�h:fed.PhQ . ariQ0 i e$ or = "PQ Ing on' _cQMPanos.Conthis-PO _attmneY ITdij*d dto M Manager at the,_ o= e Capitol a UV20RTAN'T NOTICE: To obtain information or make a complaint: You may contract the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 1-512475-1771 Your notice of claim against the bond may be given to the surety company that issued the bond by sending it to the following address: Mailing Address: Capitol Indemnity Corporation P.O.Box 5900 Madison, WI 53705-0900 Physical Address: Capitol Indemnity Corporation 4610 University Avenue Madison, WI 53705 You may also contract the Capitol Indemnity Corporation office by telephone at: Telephone Number: (608) 23114450 PREMIUM OR CLAIM DISPUTES: If you have a dispute concerning a premium, you should contract the agent first. If you have a dispute concerning a claim, you should contact the company first. If this dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THLS NOTICE TO YOUR BOND This notice is for information ordy and does not become part of condition of the attached document. i CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 213' day of October , 20 03 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, 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, and Ed A. Wilson, Inc. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: BRIDGE REPAIRS AT GREENBELT / TRINITY RIVER BASSWOOD / WHITES BRANCH COOKS LANE / COTTONWOOD CREEK 2003-6 Designated as project number, GS93-020930260610 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. C-1 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Transportation and Public Works Department of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 90 (Ninety) 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 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. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to cant' on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and. employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the nepli_gence or alleged ne_gli_gence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the C-2 Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the ne_ ffigence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Government Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be TWO HUNDRED SIXTY THREE THOUSAND, FOUR HUNDRED THIRTY DOLLARS AND NO CENTS $263,430.00 C-3 `a 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. 10. The Contractor agrees to pay at least the minimum'wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six 6 counterparts with its corporate seal attached. C-4 Done in Fort Worth, Texas, this the 213' day of October —12003 . ORT WO H ASSIST T CI ANAGER APPROVED: DIRECTOR, TRANSPORTATION AND PUBLIC WORKS Ed A. Wilson, Inc. ATTEST: (Contractor) 1 c CITY SEC ETARY (SEAL) BY: 9D.,l (Representative) ' President (TITLE) 2704 Lipscomb APPROVED AS TO FORM & (Address) LEGAI,IY: I - Fort Worth, TX 76110 (City/State/Zip) AS'SISTANT CITY ATTORNEY November 1960 Revised May 1986 Contract Authorization Revised September 1992 Revised January 1993 Revised April 1999 Date Revised June 1999 Revised June 2001 OFFICIAL BOB PROJECT DESIGNATION SIGN rr LLJ IL ca 0- C!� co co O 5 w 0. 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