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Contract 29410
CITY SECRETARY TMs COPY FOP. CONTRACT NO, .____._commem SPECIFICATIONS `L/years lalrl —cmrscc+ my p' AND 0 3_CRY-WLtGm aFFIGE ORIGINAL CONTRACT DOCUMENTS _____w„ G Vrv. i/1W-FILE COPY FISCAL YEAR 2003 — 2004 --- ANNUAL CONTRACT FOR SIDEWALKS CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT JULY 2003 MIKE MONCRIEF GARY JACKSON MAYOR CITY MANAGER r ROBERT D. GOODE, P. E. - DIRECTOR JOE S. TERNUS, P.E. - ASSISTANT DIRECTOR r sZE OF rE91 . ::........................:..*.i MICHAEL R. WEISS j .................................# I 75492 .•Q lk,'' •;��� `©�.9��i R�GO••Cl's fly 29-03P02 :01 CVD ��, �iffg, TEX. i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/28/2003 DATE: Tuesday, October 28, 2003 LOG NAME: 20SIDEWALKS REFERENCE NO.: **C-19825 SUBJECT: Award of Annual Contract to Laughley Bridge & Construction, Inc. for Sidewalk Construction for Fiscal Year 2003-2004 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an annual contract with Laughley Bridge & Construction, Inc. in the amount of $287,798.00 for the construction of sidewalks at various locations. DISCUSSION: The City's 1998 Capital Improvement Program and Fiscal Year 2003-2004 General Fund include money for sidewalk projects. These funds are used to develop safer walking routes within the vicinity of schools and provide access to major retail centers and pedestrian generators for the Safe Pathways Program. In order to maximize the program's available funds, all requests for sidewalks will continue to be evaluated based upon criteria developed by the Transportation and Public Works Department. The criteria consider pedestrian volumes; types of streets; location of schools, retail centers, parks, and other public facilities; and locations with special safety concerns (i.e. speeding, high traffic volumes, accidents, etc.). For Fiscal Year 2003-2004, a sidewalk construction program has been prepared for new sidewalks and sidewalk replacements. The project was advertised on July 10 and 17, 2003. The following bids were received on August 28, 2003: Bidder Amount Laughley Bridge& Construction, Inc. $287,798.00 Westhill Construction,Inc. $313,012.50 M.A.Vinson Construction Company, Inc. $372,920.00 Laughley Bridge & Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 7% M/WBE participation. The City's goal on this project is 7%. The specifications and contract documents give the City the option to renew the contract two times under the same conditions by mutual agreement of the contractor and the City. CITY A(I-JINARY fl. W0110, TEX. 'i r Following is a list of sidewalks to be constructed for this contract: Street Limits Length (feet) Council District Schwartz 28th to Loraine 300 2 Park Vista north and south of North Tarrant Parkway 1,050 4 .. Campbell Little John to Ada 220 5 Sycamore School Regency to west 165 6 Goodman Horne to Prevost 2,000 7 Libbey Home to Prevost 2,065 7 Halloran Goodman to Houghton 1,500 7 Halloran Libbey to Helmick 900 7 Riverside Mulkey to Jessamine 860 8 University Colonial to Trinity River Rridge 700 9 TOTAL 9,760 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund and the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C115 541200 020115038128 $18,798.00 GG01 539570 0202501 $269,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Robert Goode (7804) ADDENDUM 3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS City of Fort Worth Transportation and Public Works Department August 20, 2003 BID DATE: Thursday, August 28, 2003 AWN 0�- x <rI=, i1; 12ECEIPT OFDEl�fiI12,_ T 3 Bl The following additions shall be made to the appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this addendum on the bid proposal and on the outside of the sealed envelope. CHANGES TO SPECIAL INSTRUCTIONS TO BIDDERS Delete the entire Special Instructions to Bidder and replace with the followine: 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 r completed project will be considered as the amount of the bid. Page 1 of 13 ADDENDUM 3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. 4. AWARD OF CONTRACT: The contract, if awarded,will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT, PEi2.FORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. Page 2 of 13 ADDENDUM 3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s)because of sex,race,religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth(1986), as amended,prohibiting discrimination in employment practices. 8. WAGE RATES: All bidders will be required to comply with provision 5159a of"Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of the Department of Transportation and Public Works for use by the City in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract,the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Workers Compensation(statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A - commercial business policy shall provide coverage on"any auto", defined as autos owned, hired, and non-owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110%of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. Page 3 of 13 ADDENDUM 3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS 11. ADDITIONAL INSURANCE REOUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth, TX 76102,prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. 1 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 4 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 gine 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. Page 4 of 13 ADDENDUM 3 FISCAL YEAR 2003 —2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS 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. "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. 13550, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form,Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable,must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering("Managing Department"), 2nd floor,City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder,now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the MIWBE Ordinance by complying with the following procedures: Page 5 of 13 ADDENDUM 3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month,place a "0" or "no participation" in the spaces provided, and provide a brief explanation. 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/WBBE 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 Page 6 of 13 ADDENDUM 3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS 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 Y appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13.AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal,the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PAYMENT, FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: Because of the unique nature of this contract, section 9.7 of the Standard Specifications for Street and Storni Drain Construction shall not apply and shall be superseded by the following: Whenever the improvements prescribed by an individual Work Order have been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time,perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been completed in accordance with the terms of the Contract Documents and all approved modifications thereof,the Engineer will recommend acceptance of the work under that particular Work Order and recommend payment therefore. If the Engineer finds that the work has not been completed as required, the Contractor shall be advised in writing and will be furnished with an itemized list of all known items that have not been completed or which are not in an acceptable condition. When the Contractor has corrected all such items,he shall again notify the Engineer that the improvements are ready for inspection, and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor as to that Work Order, an estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the Contractor after acceptance by the Transportation and Public Works Director,provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms„ associations, corporations, or other organizations furnishing labor and/or materials under that Work Order have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under that Work Order or any act or neglect of said City relating to or connected with the Contract. Page 7 of 13 ADDENDUM 3 FISCAL YEAR 2003 — 2004 ANNUAL CONTRACT - FOR SIDEWALK IMPROVEMENTS The making of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents that specifically continue thereafter. For purposes of this section, the Work Order shall be deemed complete and accepted by the City as of the date the punch list for the particular Work Order has been completed, as evidenced by a written statement signed by the contractor and the City. The warranty period shall begin as of the date that the final punch list for the particular Work Order has been completed. 15.AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON,within the Metroplex area, runs from May 1, through OCTOBER 31,with 6:00 a.m. - 10:00 a.m.being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days,the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use u of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting",or equipment burns Ultra Low Sulfur Diesel(ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 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. s Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, Page 8 of 13 ADDENDUM 3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS 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. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Page 9 of 13 ADDENDUM 3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS 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 certificaie 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. "The contractor shall post a notice on each project site informing all persons providing services _ on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Page 10 of 13 ADDENDUM 3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS 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 Branch of the federal government, contractor covenants that neither it nor any officers,members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA'), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability,terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. Page 11 of 13 ADDENDUM 3 FISCAL YEAR 2003 —2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS CHANGES TO PART D—SPECIAL PROVISIONS: Delete Item 4. Project Completion on page D-2. Delete Item 5.INCREASE OR DECREASE IN QUANTITIES in its entirety on pages D-2 and D-3 and replace it with the following item: "5. BID QUANTITIES. Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. The City does not guarantee the construction of any minimum quantity of work, and may order some or none of the work herein specified. Delete Item 9. WARRANTY on page D-4 and replace with the following: 9. WARRANTY: Bidders shall be responsible for defects in this project due to contractor's faulty materials or workmanship for a period of 2 years from the date of final acceptance of the project. The Contractor shall replace at its expense any part or all of the project that becomes defective due to these causes. Delete Item 12. PAYMENT on page D-4. Now see Paragraph 14, Special Instructions to Bidders. Delete Item 19. FINAL CLEAN UP in its entirety on page D-6. Delete Item 22. CONSTRUCTION SCHEDULE on page D-7 and replace with the following: 22. TIME FOR INITIATION AND COMPLETION OF WORK ORDER:_ a. The Contractor shall commence work under a Work Order within 10 calendar days of receipt of the Work Order. The Contractor shall pay liquidated damages of one hundred dollars ($100.00) per day per Work Order for failure to begin a Work Order within the ten (10) calendar days of the date the Work Order is faxed to the Contractor. b. The time of completion of each individual work order in an essential element of this contract. The Work Order shall state the number of calendar days within which the Work Order shall be completed. Failure to complete the Work Order within the stated time shall subject the Contractor to liquidated damages as provided for in section 8.6 of the Standard Specifications for Street and Storm Drain Construction, except that liquidated damages shall be assessed for each calendar day that the Work Order remains uncompleted. The final cost of the Work Order shall establish the amount of liquidated damages to be assessed for each calendar day in excess of the time allowed for the completion of the Work Order. Add the following paragraph to Item 34. WORK ORDERS on page D-18: "The minimum of 1,000 LF of sidewalk for any Work Order may be at more than one location. The work order shall be deemed complete when the sidewalk is installed in accordance with the plans and specifications, and the sod has been installed to the satisfaction of the Engineer. If more than 2 Page 12 of 13 ADDENDUM-3 FISCAL YEAR 2003—2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS work orders have not been completed in the required number of calendar days, then no further Work Order will be issued by the City until all Work Orders are complete." ■ ■ R Page 13 of 13 ADDENDUM 2 FISCAL YEAR 2003-2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS City of Fort Worth Transportation and Public Works Department August 6,2003 NEW BID DATE: Thursday,August 28,2003 The following additions shall be made to the appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this addendum on the bid proposal and on the outside of the sealed envelope. PART A—NOTICE TO BIDDERS: Change the bid date to Thursday,August 28, 2003. ADDENDUM 1 FISCAL YEAR 2003 —2004 ANNUAL CONTRACT FOR SIDEWALK IMPROVEMENTS City of Fort Worth Transportation and Public Works Department August 5, 2003 ` BID DATE: Thursday,August 7,2003 The fallowing additions shall be made to the appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this addendum on the bid proposal and on the outside of the sealed envelope. PART D—SPECIAL PROVISIONS: Add the following items to the Special Provisions to page D-18: 36. DETERMINATION AND INITIATION OF WORK: The Engineer shall determine and designate to the Contractor the location of the sidewalk requiring construction/replacement by a Work Order giving the limits and nature of work required. The Engineer will notify the Contractor that a Work Order is ready and fax the Contractor a copy of the Work Order notification. The Contractor is to provide his fax number to the Engineer at the pre-construction conference. Single or several Work Orders may be issued at one time. The Contractor shall initiate work within ten (10) working days of the date the Work Order is faxed to the Contractor, and continue work on the Work Order until it has been completed. The Contractor shall furnish and supply sufficient equipment and personnel to complete the Work Order in the amount of time provided for in the Work Order. Should the Contractor fail to start any Work Order within the time specified,he shall add the necessary work crews and equipment to prosecute the work to complete the Work Order or Work Orders in the time provided. 37. LIQUIDATED DAMAGES: The Contractor shall pay liquidated damages of one hundred dollars ($100.00)per day per Work Order, for failure to begin a Work Order within the ten (10) working days of the date the Work Order is faxed to the Contractor. If the Contractor fails to complete the project within the stipulated construction time on the Work Order, he will pay liquidated damages in the amount stipulated in these contract documents. 38. WORK ORDER COMPLETION TIME: The time of completion of each individual Work Order is an essential element of this contract. Each Work Order issued will have a maximum allowed number of calendar days for the completion of that specific Work Order. Should the Contractor fail to complete an individual Work Order in the given amount of calendar days as specified on each individual Work Order,liquidated damages shall be charged as prescribed in Item 8,Paragraph 8.6-Failure to Complete Work on Time, in the Standard Specifications for Street and Storm Drain Construction. Time of completion will be subtracted from the final pay estimate of that particular Work Order. The actual installed quantities amount will be used in determining the amount of calendar days allowed. Page 1 of 1 TABLE OF CONTENTS Part A Notice to Bidders Special Instructions to Bidders Part B Proposal Vendor Compliance to State Law Minority and Women Business Enterprise Specifications Part C General Conditions (See City of Fort Worth Standard Specifications For Street and Storm Drain Construction, Part I. General Provisions) Part D Special Provisions Part E Specifications (See City of Fort Worth Standard Specifications For Street and Storm Drain Construction, Part II. Construction Details) Part F Certificate of Insurance and Bonds Certificate of Insurance Contractor Compliance With Worker's Compensation Law Experience Record Equipment Schedule Performance Bond Payment Bond Part G Contract Appendix: Standard Details Courtesy Notice Typical Construction Layout—4' Sidewalk Special Construction Layout—5' Combination Sidewalk ■ 10' Parkway Section Transitions from 4' to 5' Sidewalk Retaining Wall With Sidewalk Transverse Expansion Joint Driveway Approach Sidewalk Ramp Details Handrail Traffic Control Plans PART A NOTICE TO BIDDERS AND SPECIAL INSTRUCTIONS TO BIDDERS NOTICE TO BIDDERS FISCAL YEAR 2003 - 2004 ANNUAL CONTRACT FOR SIDEWALKS The project consists of a renewable annual contract for the complete installation of sidewalks and sidewalk ramps at locations specified by the City of Fort Worth. Bids should be addressed to Mr. Gary Jackson,City Manager of the City of Fort Worth,Texas and will be received at the Purchasing Office until 1:30 P.M.,Thursday,August 7,2003 and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Transportation and Public Works Department, Second Floor,Municipal 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 documents are 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 non-mandatory Pre-Bid Conference will be held at 1:30 P.M.,Thursday,July 24,2003 in Room 270 of City Hall at the Transportation/Public Works Department. All bidders are encouraged to attend. Bid security is required in accordance with the Special Instruction to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate is received by the City. The award of contract,if made,will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 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 Transportation and Public Works Department at (817) 871-7800. 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 woman 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,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")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 non-responsive. For additional information,contact Mr. Mike Weiss at(817) 871-8485. Advertising Dates: July 10,2003 July17,2003 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 five(5%)percent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S. Treasury,or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 2. PAYMENT AND PERFORMANCE 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. In this connection, the successful bidder shall be required to furnish Performance and Payment Bonds,all 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 finished hereunder shall meet the requirements of Texas Government Code Section 2253,as amended. In order for a surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. No sureties will be accepted by the City,which are at the time in default,or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. A Payment Bond shall be executed,in the amount of the contract,solely for the protection of all claimants supplying labor and materials in the prosecution of the work. A Performance Bond shall also 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. 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the "General Provisions"of the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth,Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY:In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No.7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES:All bidders will be required to comply with provision 5159a of"Vemons 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. Special Instructions to Bidders Pagel of 7 7. FINANCIAL STATEMENT: A current certified financial statement is required by the Transportation and Public Works Department for use by the CITY OF FORT WORTH in determining the successful bidder. This statement is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$250,000 each person,$500,000 each occurrence; Property Damage-$300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. ADDITIONAL INSURANCE REQUIREMENTS: a. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth,TX 76102,prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits,or self-funded retention limits,on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than 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 ion 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 contact administrator an y known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1. 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. Special Instructions to Bidders Page 2 of 7 9. NON-RESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Non-resident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 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,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate. The Documentation must be received no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor fiuther agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under appropriate federal,state or local laws or ordinances relating to false statement; fiuther,any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate is received by the City. The award of contract,if made,will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT:The Contractor will receive full payment from the City for all work for each pay period. Payment of any remaining amount shall be made with the final payment,and upon acceptance of the project. 13. ADDENDA:Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Transportation/Public Works Department at(817)871-7800.Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. Special Instructions to Bidders Page 3 of 7 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage 1. Definitions: Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self- insure issued by the commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and 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 toner services related to a project."Services"does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 2. The Contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the Contractor providing services on the project,for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. 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. 5. The Contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten(10)days after the Contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. Special Instructions to Bidders Page 4 of 7 8. The Contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: (a) 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; (b) 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; (c) 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; (d) obtain from each other person with whom it contracts,and provide to the Contractor: (1) a certificate of coverage,prior to the other person beginning work on the project;and (2) 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; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (f) notify the governmental entity in writing by certified mail or personal delivery,within ten(10) days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (g) 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. 10. By signing this contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative,criminal,civil penalties or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and Special Instructions to Bidders Page 5 of 7 report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules.This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512440-3789 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". 15. NON DISCRIMINATION:The Contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 16. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government,Contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or t statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17, DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised October 16,2002 Special Instructions to Bidders Page 6 of 7 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 2003 CLASSIFICATION RATE CLASSIFICATION RATE AIR TOOL OPERATOR $9.00 MILLING MACHINE OPERATOR $8.62 ASPHALT RAKER $9.55 MIXER(OVER 16 CF) $10.30 ASPHALT SHOVELER $8.80 MOTOR GRADER OPERATOR(FINE $11.97 GRADE) BATCHING PLANT WEIGHER $11.51 MOTOR GRADE OPERATOR $10.96 CARPENTER $10.30 PAVEMENT MARKING MACHINE $7.32 CONCRETE FINISHER(PAVING) $10.50 ROLLER,STEEL WHEEL $9.06 (PLANT-MIX PAVEMENTS) CONCRETE FINISHER(STRUCTURES) $9.83 ROLLER,STEEL WHEEL(OTHER $8.59 (FLATWHEEL OR TAMPING) CONCRETE RUBBER $8.84 ROLLER,PNEUMATIC SELF- $8.48 PROPELLED SCRAPER ELECTRICIAN $15.37 SCRAPER $9.63 FLAGGER $7.55 TRACTOR-CRAWLER TYPE $10.58 FORM BUILDER(STRUCTURES) $9.83 TRACTOR-PNEUMATIC $9.15 FORM LINER(PAVING&CURB) $9.00 TRAVELING MIXER $8.83 FORM SETTER(PAVING&CURB) $9.24 WAGON-DRILL,BORING MACHINE $12.00 FORM SETTER(STRUCTURES) $9.09 REINFORCING STEEL SETTER $13.21 (PAVING) LABORER,COMMON $7.32 REINFORCING STEEL SETTER $13.31 (STRUCTURAL) LABORER,UTILITY $8.94 STEEL WORKER-STRUCTURAL $14.80 MECHANIC $12.68 SPREADER BOX OPERATOR $10.00 OILER $10.17 WORK ZONE BARRICADE. $7.32 SERVICER $9.41 TRUCK DRIVER-SINGLE AXLE $8.97 (LIGHT) PAINTER(STRUCTURES) $11.00 TRUCK DRIVER-SINGLE AXLE $9.02 (HEAVY) PIPELAYER $8.98 TRUCK DRIVER-TANDEM AXLE $8.77 (SEMI-TRAILER) BLASTER $11.50 TRUCK DRIVER-LOWBOY/FLOAT $10.44 ASPHALT DISTRIBUTOR OPERATOR $10.29 TRUCK DRIVER-TRANSIT MIX $9.47 ASPHALT PAVING MACHINE $10.30 TRUCK DRIVER-WINCH $9.00 BROOM OR SWEEPER OPERATOR $8.72 VIBRATOR OPERATOR(HAND $7.32 TYPE) BULLDOZER $10.74 WELDER $11.57 CONCRETE CURING MACHINE $9.25 CONCRETE FINISHING MACHINE $11.13 CONCRETE PAVING JOINT MACHINE $10.42 CONCRETE PAVING JOINT SEALER $9.00 CONCRETE PAVING SAW $10.39 CONCRETE PAVING SPREADER $10.50 SLIPFORM MACHINE OPERATOR $9.92 CRANE,CLAMSHELL,BACKHOE, $11.04 DERRICK,DRAGLINE,SHOVEL FOUNDATION DRILL OPERATOR $10.00 (CRAWLER MOUNTED) FOUNDATION DRILL OPERATOR $11.83 (TRUCK MOUNTED) FRONT END LOADER $9.96 Special Instructions to Bidders Page 7 of 7 PART B PROPOSAL VENDOR COMPLIANCE TO STATE LAW M/WBE FORMS PROPOSAL Y TO: Mr. Gary Jackson City Manager Fort Worth,Texas FOR: FISCAL YEAR 2003–2004 ANNUAL CONTRACT FOR SIDEWALKS Pursuant to the foregoing"Notice to Bidders",the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums, to-wit: BASE BID PAY APPROX. UNIT TOTAL ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID 1. 1 LS UTILITY ADJUSTMENTS $500.00 $500.00 2. 2 EA PROJECT DESIGNATION SIGNS $300.00 $600.00 3. 250 SY REMOVE EXISTING oo eo CONCRETE FLATWORK $ $ Z2S'o 4. 100 LF REMOVE EXISTING CURB & GUTTER $ 3 �— $ '500 - 5. 100 LF STANDARD CONCRETE 7" 00 CURB & 18" GUTTER $ $ q-00 — 6. 400 SY 4"CONCRETE SIDEWALKS o (0' –50' Length) $ 36 — $ 4 00 7. 400 SY 4"CONCRETE SIDEWALKS v (51' – 100' Length) $ LP f $ NOtt 8. 400 SY 4" CONCRETE SIDEWALKS (101' –200' Length) $ f $ N,00 00, Proposal v� :. BASE BID(Continued) PAY APPROX. UNIT TOTAL ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID 9. 600 SY 4" CONCRETE SIDEWALKS (201' -300' Length) $ Z�- $ L�P Z rco�— 10. 5,000 SY 4" CONCRETE SIDEWALKS 00 (Over 300' Length) $ $ 000 11. 75 CY CONCRETE RETAINING WALL of 00 WITH SIDEWALK $ Zcio - $ 7-11-45-0 12. 125 SY 6" CONCRETE SIDEWALKS AT 0.0 DRIVEWAYS $ 3 O`— $ 3��0 13. 10 TONS HMAC DRIVEWAYS $ t 6-0 $ L Soo 14. 10 CY FLEX BASE DRIVEWAYS $ 15. 600 SF 6" CONCRETE DRIVEWAY APPROACH $ L4 $ 2 400 0V 16. 60 EA TYPE 1 CONCRETE SIDEWALK o0 0 RAMPS $ $ 17. 30 EA TYPE 3 CONCRETE SIDEWALK p0 RAMPS $ 3 So $ LO ,Soo 18. 30 EA WATER METER AND GROUND 00 BOX ADJUSTMENTS $ 3 s $ 105D - 19. O5D -19. 5 EA MANHOLE ADJUSTMENTS $ 3 Sd $ 11,50 20. 50 EA SPRINKLER HEAD ao ADJUSTMENTS $ $ 'LSA 21. 2 EA TREE REMOVAL $ L4 oo w $ C600 C'� e A 22. 5 EA TREE TRIMMING $ 23. 5 EA REMOVE AND RELOCATE SHRUBS $ eO $ 5bu Proposal B -2 BASE BID (Continued) PAY APPROX. UNIT TOTAL ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID 24. 50 LF REMOVE AND REPLACE DRAIN LINE (VARIOUS SIZES) $ 030 ' $ 51300 _ 25. 30 TONS HMAC SIDEWALKS $ 100 $ -3 Od 26. 30 CY TOPSOIL $ °r $ 330 27. 40 LF 42"HANDRAIL w/PRIMECOAT -:�o AND ALUMINUM OIL PAINT $ (o $ 28. 1,700 SY ST. AUGUSTINE GRASS SOD $ 3 $ -C 29. 2,400 SY BERMUDA GRASS SOD $ 3 $ 30. 100 SY HYDROMULCH $ $ 1 OO pa a TOTAL BID = $ 2$ �� �y✓ CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL BID Initial locations will be provided at the Pre-Construction Conference. See Special Conditions. The City shall have the right to increase or decrease of the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract,nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted with no allowances will be made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. THIS CONTRACT INCLUDES WORK ANYWHERE WITHIN THE CITY OF FORT WORTH. This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 1 Proposal B -3 The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Three Hundred Sixty-five (365) Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the "Prevailing Wage Rates for Street,Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten(10)working days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract Documents for the faithful performance of this Contract. The attached bid security in the amount of 5% in the sum of 5VA 6,4 Dollars ($ e(-CW37 ) is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. The Bidder agrees to begin construction within 10 Calendar days after issue of the work order, and to complete the contract within Three Hundred Sixty-five (365) Calendar Days after beginning construction as set forth in the written work order to be furnished by the Owner. (Uwe), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) CV-- Addendum No. 3 (Initials) Addendum No. 2 (Initials) qe� Addendum No. 4(Initials) Respectfully submitted: Title: Address: P �x 1Z3 Telephone: (SEAL) Date ,59 a Proposal B -4 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder,nonresident bidders(out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas)bid projects for construction, improvements, .supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: i By: �44tkS G rJ%V_ t L., I a c. (Please print) � 0 • 0,0)c0,0)ctZ3 0.<10C114 Signature: 1 � Wolk -�G i Zt-3 SCID Title: Pe�sl E�60' City 9tate Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION RECEIVED SEP 0 4 2003 Fob WoeH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is$25,000 or more.the MWBE goal Is applicable. If the total dollar value of the contract is less than$25.000,the WW13E goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises(M/WBE)in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MM SE PROJECT GOALS The City's MBEIWBE goal on this project is 7% of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following. 1. Meet or exceed the above stated M/WSE goal,or 2. Good Faith Effort documentation,or, 3. Waiver documentation,or, 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated,in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form,if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if participation is less than opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if no M/WBE participation: opening date,exclusive of the bid opening date_ 4, Prime Contractor Waiver Form,if you will received by 5:00 p.m., five (5) City business days after the bid dorm all subcontracting/supplier work: opening date,exclusive of the bid.opening date. 5. Joint Venture Form,if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. o enin date,exclusive of the bid o enin date. FAILURE TO COMPLY WITH THE CITY'S MIWRE ORDINANCE,WILL RESULT IN THE Bit]BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions,please contact the MIWBE Office at(917)871-8104. Pov.5130103 --�VY LV LV=V {Il! VVZV iptl Yp4.l IIpV1 V&Af&;88VH9 ® VVLLV YY{l I11{p {1V, V11 VI { VVVL 8 , Vim/V p 1 ATTACHMENT to Page 1 of 4 FoRT� WORTH City of Fort worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: ' Ch applicable block to describe prime ( �'�N�51-</,f3 -,)0 IpJ MNV/DBE NON-WW/DBE PROJECT NAME: _ IZgyp BID DATE �N N u.+4;,,, lSd N �"''�.�'1- {""•+- ��,^i'C'��n'(��t1 6.Pr '�1a�v�j�M�Y�r\ 1 Gl 7.`� C > City's M1wBE Project Goal: Prime's MANK Project utilization: PROJECT NUMBER 0 % 'I . 0 % 1?w - F'D -Z o03—o�v 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. rive (5) City business days after bid opening, exclusive of bid opening date, ' will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MANBE 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 MNVBEs 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. li! Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1e tier, a payment by a subcontractor to its supplier is considered a tier ALL M/WBEs 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/WRE 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 KWBE as outlined in the lease agreement. Rev.5130/03 ATTACHMENT 1A _ tUxrWOIZTH P2ge 3 d4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority.Women and non-M/WBEs. Please list MIW6E firms first,use additional sheets if necessary. Certification (check one) c SUBCONTRACTORISUPPLIER T r Company Name i N T Detail Oeteii Address a M w C x ! Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r e B T D E E R Q E C T I A RXTI 1 - X e Co vc�tLcts� l ,/ J CsA�tca t �ncuz�T�' Z.o I Sn -i �� +•Jc�-t�,Ik�-to�lr n i + Soo 1435 wy Fn ��u 6 1 g�} - t�t—S3k( Rev.5130103 i ATTACHMENT 1A ORT WORTH Page 4 of 4 00 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ O / 150 m�o Total Dollar Amount of Non-MIWBE Subcontractors/Suppliers $ 5-0 O — TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ Z lD9b 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 MIWBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MAN/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 MAAI/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. Authorized Sign un Prinled skPok rd a7 Title, Confect N~11Ue(if diftirenQ i (�)81-?-- 40)33,=4 Cf:3 819--4qP- CIS8 Comping NinN ' Telephone andfer Fax tZ3$C%D I�k�,y�r t��Z. a AOL -Lc-sot wddrass E-mWl l— 00 g j 4/ a 3 tallemp r Rev.5/30/03 +!e nueai•f�T,1•lA"� j 1 i. �y, r•a c1h, Y ?`h j ✓;c_ �'- t,1s .l f•.f`y i F �'.fJ�, , �, Sys -} C _ Y .F.<,�.•�-• 1 �,. yr. yd'7 .�. ,� rR,+ �Glfir•t •�:',L�! _ t�Vit""' .r ► � _ rtx.jl - .li ... • lc i. 41 Mill UJ Ml wfw r lAF +yir�!,"L ij�t''IFFa.. 't;,T ,ZIh;` /3 � Se'tt .r i'�y, • i >'-r�L tla.1'e L.- v = z, ,r t RL^ • , tet ` / s e ���':�� �k'� ��1��(',It '•&t ,., i t,7T'�T.r r..�R� , +�J �:.-ZS .i�� � r � 1 �','.F1u`� -� v r _. r� y Y� � r 7 \, -S,�'s Y"iI.JI 1 �' +•. s`' i:.� � r _�f� �v ./�lr.,t�h'E�i��'^�h�t �... j ' Y• «_; .} r� {Y'?, 3 !4 r t p+1� y ,r�. x9q�� � i 't"1 a v f , + SD - a��!CQ, ,+j ..:P. '``�1. , r { I I' !� 5-T��YY � Jr '�tJ,��,.Lt�. ...0 V' ai.•f \} Y-,"�+'� r�1' :��—'nom tc- J'/t cy .T'�•.! 1 !- 1 ` T .i it II I}'�, Si �•_nt ? '�+ r t !r.!c 17 r>i �.�.n r b�.,+ f �; •e}•f dY 1 ( r. � F1. .J :+:7 1 y. �,'l. r .n. . IS :iro l-•��It.t,v: 4,...P4 4 f T A'ijIfe, y4i r 1 aid TV C �'f,l'�yyy���� i•I�j,�{'r�� re �trt� L rr�..T' �- �y - $ �.l� g sir. 1T,+I.F�!r'l +�', `_P L•T;1�xa yy 1 .. T,,.F Y,•t { �`Sc t tip. riy—r y -): an+-h1d_. t � M 1 Lr Sr} a� � Y�} - y .ir/` " �_�R �r -,�% r � � G•a tie r' ti 4� + 4� 1 7 9i - N�. i 1 17- ��A i Meir: a�.db•+ , �YVt �• r kt3 - r t a��% /� C1. re+r�lr M1~ t r 1�1. �•{y �1 }♦ ..A r- 4 +r , ]IJ a '` ru. t x, ,�,, 7 r.+1' �ti ,�,�,, �.'�t►�� �>I, fztfr Jaf A Historically Underutilized Business Certification and Compliance Program In accordance with the Memorandum of Agreement between the Texas Department of Transportation (TXDOT) and the Texas Building & Procurement-Commission (TBPC), the Commission hereby certifies that COWTOWN REDI MIX, INC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Certification and Compliance Program to be recognized as a HUB. This certificate, printed 30-JUN-2003, supersedes any registration and certificate previously issued by the TBPC's HUB Certification and Compliance Program, if there are any changes regarding the Information(i.e.. business structure, ownership, day-to-day management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registration/certification into the TXDOT's program, you must immediately (within 30 days of such changes) notify the TXDOT's program in writing. The Commission reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. If your firm ceases to remain certified in the TXDOT's program, you must apply and become certified through the State of Texas HUB program to maintain your HUB certification. CertificateNlD Number: 1752911847700 Paul A. Gibson FileNendor Number, 30147 HUB Certification & Compliance Supervisor Approval Data: 04-JUN-2003 Texas Building & Procurement Commission Expiration Date: 31-JAN-2004 (512)305-9071 Note: In order for State agencies and institutions of higher education{univereitlas)to be credited for utilizing this business as a HUB, they must award payment under the CertlflcateNlD Number Identified above. Agencles and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet(http://www.tbpcstate.tx.us)or by contacting the TBPC's HUB Certification and Compliance Program at(888)863-5881 or(512)463-5872. MM/BE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works Official Date: 9 lZ/. l 03 Official Time: oZ Bid Date: --U d �3 1 aoo3 - Project Name: ulnas [ �, rk-rac_ �or Si4ewla j k �mproo . aooq Project Manager: ke 'Luiss Forms Submitted By Name: L a-t L6(1t d Cq 1 C Company: 1 � • Received By: V PART C GENERAL CONDITIONS See City of Fort Worth Standard Specifications For Street and Storm Drain Construction. PART D SPECIAL PROVISIONS i FISCAL YEAR 2003 - 2004 ANNUAL CONTRACT FOR SIDEWALKS SPECIAL PROVISIONS TABLE OF CONTENTS 1. Scope of Work 2. Easements 3. Contract Award 4. Project Completion 5. Increase or Decrease in Quantities 6. Termination 7. Reference Specifications 8. Bid Submittal 9. Warranty 10. Construction Staking 11. Traffic Control 12. Payment 13. Delays 14. Detours and Barricades 15. Parkways 16. Disposal of Spoil/Fill Material 17. Zoning Compliance 18. Clearing and Grubbing 19. Final Cleanup 20. Quality Control Testing 21. Property Access 22. Construction Schedule 23. Safety Restrictions-Work Near High Voltage Lines 24. Water Department Pre-Qualification Requirements 25. Right To Audit 26. Trench Safety 27. Subsidiary Work 28. Substitutions 29. Temporary Soil Erosion, Sediment and Water Pollution Control 30. Existing Utilities 31. Construction Notes 32. Description of Pay Items 33. Sidewalk Locations 34. Work Orders 35. Contract Special Provisions D-1 SPECIAL PROVISIONS 1. SCOPE OF WORK: The work covered by these plans and specifications consists of the construction of standard concrete sidewalks, sidewalk ramps, and all other miscellaneous items of construction to be performed as outlined in the Plans and Specifications, which are necessary to satisfactorily complete the work. AWARDING OF CONTRACT AND CALENDAR DAYS: (a) Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid, which is considered to be in the best interest of the City. The contract will be awarded to the lowest Fresponsive and responsible bidder. (b) The number of calendar days shall be 365. This contract shall be an annual agreement and may be renewed for up to two (2) one-year increments under the same conditions by mutual agreement of the Contractor and the City. f 2. EASEMENTS: Contractor shall verify locations of all utilities and right-of-way easements as required. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 3. CONTRACT AWARD: Contract will be awarded to the lowest responsive and responsible bidder. 4. PROJECT COMPLETION: The Contractor agrees to complete the Contract within the allotted number of calendar days. If the Contractor fails to complete the work within the number of working days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6 of the "General Provisions"of the Standard Specification for Construction of the City of Fort Worth, Texas. 5. INCREASE OR DECREASE IN QUANTITIES: It is the Contractor's sole responsibility to verify all pay item quantities prior to submitting a bid. When the quantity of work to be done or materials to be furnished under any major pay item of the Contract is more than 125%of the quantity stated in the Contract,whether stated by Owner or by Contractor,then either party to the Contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the Contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the Contract is less than 75%of the quantity stated in the Contract,whether stated by Owner or by Contractor, then either party to the Contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the Contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this Contract. Special Provisions D-2 4 A major pay item is defined as any individual bid item included in the Proposal that has a total cost equal to or greater than 5 percent of the original Contract. A minor pay item is defined as any individual bid item included in the Proposal that has a total cost less than 5 percent of the original Contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15%as described herein below, agreed upon in writing by the Contractor and Department of Transportation and Public Works and approved by the City Council after said work is completed, subject to all other conditions of the Contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies,trucks, equipment rental for such time as actually used on such work only,plus all power, fuel, lubricants,water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds,public liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of the Transportation and Public Works Department will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15%of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense and all other elements of cost and expense not embraced with the actual field cost as herein specified upon request, the Contractor shall provide the Director of Transportation and Public Works access to all accounts,bills and vouchers relating thereto. 6. TERMINATION: The City reserves the right to abandon,without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. rp 7. REFERENCE SPECIFICATIONS: This Contract and project are governed by the following published specifications(latest edition), except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH A copy of these specifications may be purchased at the Office of the Department of Transportation and Public Works, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The applicable specifications are indicated on the plans and in the Contract Documents. General Provisions shall be those of the City of Fort Worth document rather than Division 1 of the North Central Texas document. STANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES. TEXAS DEPARTMENT OF TRANSPORTATION Special Provisions D-3 V STANDARD SPECIFICATIONS FOR IDUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 8. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the Contract Documents at any time. Failure to bid or fully execute Contract without retaining Contract Documents intact may be grounds for designating bids as"non- responsive"and rejecting bids or voiding Contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 9. WARRANTY: The Contractor shall be responsible for defects in this project due to Contractor's faulty materials and workmanship, or both, for a period of two (2)years from date of final acceptance of this project by the City Council of the City of Fort Worth. The Contractor will be required to replace at his expense any part or all of the project,which becomes defective due to these causes. 10. CONSTRUCTION STAKING: Construction stakes for line and grade will be provided by the City(if required) as outlined on page 17,Standard Specifications for Street and Storm Drain Construction, City of Fort Worth. 11. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Texas Manual on Uniform Traffic Control Dev"es for Streets and Highways"issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways,"codified as Article 6701d Vernon's Civil Statues,pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign,which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Traffic Services Division(phone number 871-8100), to remove rt- the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications,the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled the Contractor shall again contact the Traffic Services Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Traffic control will not be paid for directly,but shall be considered subsidiary to the various bid items of the contract. 12. PAYMENT: The Contractor will receive full payment from the City for all work. 13. 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 Special Provisions D4 of the City to provide information or material, if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time,his application for which shall,however,be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the Contract. 14. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall be responsible for installing all construction signs, signals, and markings necessary-to provide adequate traffic controls for purposes of construction. Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning and/or Detour Signs,"Item 524 and/or as shown on the plans. The furnishing, placing, and maintaining of barriers and warning and/or detour signs by the Contractor will not be paid for directly,but shall be considered subsidiary to the various bid items of the contract. For sidewalk construction on arterial streets, lane closings will only be allowed from the hours of 9:00 a.m. to 4:00 p.m. The Contractor shall notify Transportation and Public Works Department prior to lane closures. Attached are Traffic Control Plan Details. Construction signing and barricades shall conform with the"Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 15. PARKWAYS: It is required that all parkways be excavated and shaped as required at the same time the sidewalk is constructed. Excess excavation will be disposed of at locations approved by the Engineer. Standard Specification Item 108, "Finishing of Parkways"shall apply. Contractor shall excavate all areas between the back of curb and sidewalk per the City's standard details. Contractor shall prepare parkways for re-sodding. Any parkway shaping is subsidiary to the unit price bid for sidewalk construction. 16. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth(Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filing is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not d r. Special Provisions D-5 i in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site y without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 17. ZONING COMPLIANCE: During the construction of this project,the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 18. 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. 19. FINAL CLEANUP: Final cleanup work shall be done for this project as soon as the construction has been completed. No more than seven calendar days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. Contractor shall prepare parkways for re-sodding at locations directed by the Engineer. 20. QUALITY CONTROL TESTING: The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for K all manufactured items to be used in the project and will bear any expense related thereto. (a) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar that are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (b) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to famish materials n and equipment conforming to the requirements of the Contract. (c) The Contractor shall provide not less than 48 hours notice to the City for operations requiring testing. The Contractor shall provide access and trench safety system(if „� Special Provisions D-6 required)for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (d) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 21. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 22. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the 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. 23. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this Contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN TEN FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within ten feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying 1 department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within ten feet of a high voltage line without protection having been taken as outlined in Paragraph(c). 24,. V�'ATER DEiARTMENT PRE-QUALIFICATION REQUIREMENTS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified I Special Provisions D-7 with the Water Department to perform such work in accordance with procedures and specifications described in the current Fort Worth Water Department General Specifications. 25. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (a) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (b) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus $0.15 for each page thereafter (c) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 26.TRENCH SAFETY: The Contractor must comply with the following basic requirements in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing"a safe place to work"for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration,U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Special Provisions D-8 Contractor shall, in addition,comply with all other applicable Federal, State and local rules, regulations and ordinances. The Contractor shall provide all methods used for trench excavation safety protection including furnishing, designing,providing all materials, tools, labor, equipment and incidentals necessary, including removal of the system. 27. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work,the cost of which shall be included in the price bid in the Proposal, for each bid item. Parkway shaping, surface restoration, and cleanup are general items of work,which fall in the category of subsidiary work. 28. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material,which has been specified. Where the term"or equal", or "or approved equal"is used, it is understood that if a material,product, or piece of equipment bearing the name so used is furnished, it will be approved, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term"or equal", or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "Substitutions"shall be applicable to all sections of these specifications. 29. TEMPORARY SOIL EROSION, SEDIMENT AND WATER POLLUTION CONTROL: The Contractor shall provide all temporary soil erosion, sediment and water pollution control measures for the duration of the Contract in compliance with Federal (EPA), State of Texas, and City of Fort Worth regulations. The temporary measures shall include silt fences, temporary construction entrances, dikes, dams,berms, sediment basins, fiber mats,jute netting, temporary seeding, straw mulch, asphalt mulch,plastic liners,rubble liners,baled-hay retards, dikes, slope drains, and other devices. Such prevention measures shall be in accordance with the North Central Texas Council of Governments Storm Rater Quality Best Management Practices for Construction Activities. All work, materials, and equipment necessary to provide temporary erosion control shall be considered subsidiary to the Contract and no extra pay will be given for this work. 30. EXISTING UTILITIES: It shall be the responsibility of the Contractor to determine the existence of, to verify locations, elevations, and dimensions of adjacent and/or conflicting ,. Special Provisions D-9 i utilities in order that adjustments can be made to provide adequate clearances. The Contractor shall preserve and protect public utilities at all times during construction. Any damage to utilities resulting from the Contractor's work shall be restored at the Contractor's expense. Public utilities shall be notified when proposed facilities conflict with existing utilities. Contractor shall contact the following utility companies 48 hours prior to doing work at any location: Oncor Gas Metro (214)263-3444 Southwestern Bell 1-800-344-8377 AT&T 1-800-878-8711 Marcus Cable (817) 246-5538 Western Union Cable (214) 939-1930 Oncor Electric 1-800-233-2133 City of Fort Worth Water Department (817) 871-8275 City of Fort Worth Transportation and Public Works Department (817) 871-8100 31. CONSTRUCTION NOTES: The following Construction Notes shall apply to the project: 1. All sidewalk joints shall be installed as shown on the attached drawings of the sidewalk layout. Contractor shall install expansion joints at all existing driveway connections. No driveway approach or driveway replacements are required unless approved by the Engineer. 2. All expansion joints shall be slip doweled using 24"#3 smooth dowel bars @ 18"C-C with sleeve and grease on one end. Redwood boards shall be used as expansion joint filler. (See details.) 3. All construction joints (flagging) shall be installed using 3/16"wide tooled joints 3/8" deep. 4. No joint sealing is required for sidewalk construction. 5. All sidewalk ramps shall be installed prior to sidewalk construction. 6. Subgrade shall be compacted to have a uniform density of not less than 95% of the maximum density. Testing will be done by the City at the discretion of the Engineer. 7. Concrete Retaining Wall With Sidewalk shall be paid for by the unit price bid per cubic yard. Special Provisions - 32. DESCRIPTION OF PAY ITEMS: A. NON-PAY ITEMS: FINISHING OF PARKWAYS: All applicable provisions of Standard Specification Item 108, "Finishing of Parkways" shall apply. Contractor shall excavate all areas between the back of curb and sidewalk per the City's standard details. Contractor shall prepare parkways for re-sodding. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PREPARING RIGHT-OF-WAY, CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 100, "Preparing the Right-of-Way" and Item 102, "Clearing and Grubbing." No direct payment will be made for this item, and it shall be considered incidental to this Contract. SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PROTECTION OF FENCES, TREES, PLANTS AND SOIL: w All property along and adjacent to the Contractor's operations including fences, lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. No direct payment will be made for this " item, and it shall be considered incidental to this Contract. PROPERTY OWNER NOTIFICATION: + The Contractor shall provide flyers to all property owners adjacent to the proposed sidewalk locations. The notices shall be distributed a minimum of 5 calendar days prior to the start of construction on that street. Examples of these flyers are shown in the details. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PRE-CONSTRUCTION WALK-THROUGH: No detailed parkway surveys have been completed for these sidewalks. Therefore, the Contractor shall meet with the Engineer and the Inspector at the proposed sidewalk locations prior to construction. City representatives and the Contractor will locate the proposed sidewalk locations based upon actual field conditions. No direct payment will be made for this item, and it shall be considered incidental to this Contract. r' Special Provisions D-11 B. PAY ITEMS: UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price comparable to the final cost of making necessary adjustments required due to improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. PROJECT DESIGNATION SIGNS: The Contractor shall construct and install two (2) Project Designation Signs at the locations approved by the Engineer. It will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will j 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 f" lettering shall be in accordance with the latest City standard detail. The sign shall be J constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and placed at the project site upon commencement of construction. 9 The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports, connections to the support, and maintenance shall be to the satisfaction of the Engineer. The signs shall include all materials, labor, equipment, tools and incidentals necessary to complete the work. REMOVE EXISTING CONCRETE FLAT"ATORK: All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete" shall apply. Any saw cutting, removal, excavation, street repair, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Removal of flatwork for sidewalk ramp installation is not part of this pay item. The unit price bid per square yard shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. Special Provisions D-12 REMOVE EXISTING CURB & GUTTER: All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete" shall apply. Any saw cutting, removal, excavation, street repair, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Removal of existing curb and gutter for sidewalk ramp installation is not part of this pay item. The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. STANDARD CONCRETE 7"CURB & 18"GUTTER: All applicable provisions of Standard Specifications Item 502 "Concrete Curb and Gutter" shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. 4"CONCRETE SIDEWALKS: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveways" shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard concrete sidewalks as shown in the details or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instructional sign, street name sign, or other sign that has been erected by the City. The Contractor shall contact Signs and Markings Division, TPW (Phone 871-8075). Any excavation, compaction, saw cutting, removal, parkway grading, street repair, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Pay items are separated by total length of sidewalk installed along each street. Existing driveways, streets, and sidewalk ramps will not be considered as starting a new length of sidewalk when determining the appropriate pay item number for each street. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. CONCRETE RETAINING WALL WITH SIDEWALK: All applicable provisions of Standard Specifications Item 518 "Retaining Walls" shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct retaining walls with sidewalk as shown in the details or as directed by the Engineer. The unit price bid per cubic yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. 6"CONCRETE SIDEWALKS AT DRIVEWAYS: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveways" shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard 6" concrete sidewalks across existing HMAC or gravel driveways as shown in the details or as directed by the Engineer. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit Special Provisions D-13 price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. HMAC DRIVEWAYS: All applicable provisions of Standard Specifications Item 312 "Hot-Mix Asphaltic Concrete" shall apply. The Contractor shall replace standard HMAC driveways disturbed by construction as shown in the details or as directed by the Engineer. The driveways shall be 6" thick: 2" thick HMAC surface course, Type D, on 4" thick HMAC surface course, Type B. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per ton shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. FLEX BASE DRIVEWAYS: All applicable provisions of Standard Specifications Item 208 "Flexible Base (Crushed Limestone)" shall apply. The Contractor shall replace standard gravel driveways disturbed by construction as shown in the details or as directed by the Engineer. The driveways shall be 6" of compacted flex base. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. 6"CONCRETE DRIVEWAY APPROACH: ►- All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveways" shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard 6" driveway approaches as shown in the details or as directed by the Engineer. Any compaction, saw cutting, removal, excavation, + grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. CONCRETE SIDEWALK RAMPS: All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard concrete sidewalk ramps as shown in the details and as directed by the Engineer. Type 1 sidewalk ramps shall be constructed at intersections where 4' sidewalks are offset from the back of curb. Type 3 ramps shall be constructed at intersections where 5' sidewalks are adjacent to the back of curb. Use of Type 2 sidewalk ramps shall be restricted to locations where it is not feasible to use Type 1 or 3 and shall be paid for at the same price bid for Type 1 ramps. All grooved ramp surfaces (but not the sidewalk ramp wings or curbs) shall be colored with LITHOCHROME color hardener, stain, or equal. A brick red color, a dry-shake hardener manufactured by L. M. Scofield Company or equal, shall be used in accordance with Special Provisions D-14 manufacturer's instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Pay Item. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution. The Contractor may also use All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete" and Item 502 "Concrete Curb and Gutter" shall apply. Any parkway shaping and grading, curb and gutter saw cutting and removal, excavation, street repair, and haul off of removed material necessary for construction of sidewalk and ramps shall be subsidiary to the unit price bid for these items. Street voids caused by construction shall be filled with HMAC"Type D" mix for HMAC pavement per Item 312 "Hot-Mix Asphaltic Concrete". The unit price bid for each ramp shall be full compensation for furnishing all materials, application,curing, labor, equipment, and incidentals necessary to complete the work. WATER METER AND GROUND BOX ADJUSTMENTS: This item shall include raising or lowering existing boxes to the parkway grade specified. No payment will be made for existing boxes that are within 0.1 feet of the specified parkway grade. The unit price bid for each water meter box adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. MANHOLE ADJUSTMENTS: This item shall include adjusting the tops of existing standard manhole rings and covers to match the proposed parkway grade as shown on the details. No payment will be made for existing boxes that are within 0.1 feet of the specified parkway grade. All applicable provisions of Standard Specifications Item No. 450 "Adjusting Manholes and Inlets" and Item No. 406 "Concrete for Structures"shall apply. v The Contractor shall be required to use Class "A" concrete except as modified herein. The maximum water cement ratio shall not exceed 5.5 gallons per sack. A Type "A" water- reducing admixture and a Type "C" set-accelerating admixture may be used to achieve the earliest possible concrete setting times. The use of a set-retarding admixture will not be permitted. The concrete will be designed to achieve a minimum compressive strength of 3,000 pounds per square inch in 48 hours. If the concrete fails to reach the required 48-hour strength, the Engineer may direct that the concrete be redesigned as necessary to meet these requirements. Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections, per current City Water Department Special Conditions. The unit price bid for each manhole adjustment will be full payment for all materials, labor, equipment,tools, and incidentals necessary to complete the work. Special Provisions D-15 SPRINKLER HEAD ADJUSTMENTS: This item shall include relocating existing sprinkler heads and including supply piping for sidewalk construction. No payment will be made for sprinkler head adjustments except those adjustments determined necessary by the Engineer. The unit price bid for each sprinkler head adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. TREE REMOVAL: This item shall include removing existing trees for sidewalk construction. The Engineer must provide written authorization before the Contractor removes any tree. The unit price bid for each tree removed will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. TREE TRIMMING: This item shall include trimming existing trees for sidewalk construction. The Engineer must provide written authorization before the Contractor trims any tree. The unit price bid for each tree trimmed will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street right-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. REMOVE AND RELOCATE SHRUBS: This item shall include the removal and relocation of existing shrubs for sidewalk construction. The Engineer must provide written authorization before the Contractor relocates any shrub. The unit price bid for each shrub relocated will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. REMOVE AND REPLACE DRAIN LINE(VARIOUS SIZES): This item shall include the removal and replacement of existing drain lines for sidewalk construction. The unit price bid per linear foot will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. Special Provisions D-16 I H 1AC SIDEWALKS: All applicable provisions of Standard Specifications Item 312 "Hot-Mix Asphaltic Concrete" shall apply. The Contractor shall install HMAC sidewalks as shown in the details or as directed by the Engineer. The sidewalks shall be 2"thick H 4AC surface course, Type D, on 3" thick flexible base. Any excavation, parkway grading, haul off of removed material, and compaction necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per ton shall be full compensation for furnishing and installing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. TOPSOIL: All applicable provisions of Standard Specification Item 116,"Topsoil', shall apply. The unit price bid per cubic yard shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. Topsoil shall be placed as directed by the Engineer. 42"HANDRAIL WITH PRIMECOAT AND ALUMINUM OIL BASED PAINT: The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. SODDING: All applicable provisions of Standard Specification Item 118, "Sodding", shall apply. These items shall include sodding grass areas disturbed by construction at the locations directed by the Engineer. The unit price bid per square yard will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. HYDROMULCH: All applicable provisions of Standard Specification Item 120, "Seeding", shall apply. These items shall include hydromulching areas disturbed by construction at the locations directed by the Engineer. The unit price bid per square yard will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. 33. SIDEWALK LOCATIONS: I An initial list of locations will be provided to the Contractor at the Pre-Construction Conference. A partial list of locations is attached. IT IS THE INTENT OF THIS CONTRACT TO CONSTRUCT SIDEWALKS ANYWHERE WITHIN THE CITY OF FORT WORTH. The City reserves the right to increase or decrease the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted, with no allowances r made for any anticipated profits. Payment to the Contractor for contract items will be made -. Special Provisions D-17 a for the actual quantities of work done and material furnished at the unit prices set forth in the contract. 34.WORK ORDERS: Work Orders will be issued to the Contractor for work to be performed under this Contract. A minimum of 1,000 linear feet of sidewalk will be provided on each work order given to the Contractor. The Contractor shall start construction within 10 working days of receiving a written work order. 35. CONTRACT: This Contract shall be an annual purchase agreement with the option of two (2) one-year renewals. Contract shall not exceed 365 calendar days following the date of the Contract nor exceed the total price, whichever should occur first. The Contractor shall be required to complete any work covered by a Work Order issued prior to the date of termination, but the Contractor will not be required to accept any work order for execution dated after the date of termination. At the City's option and the Contractor's concurrence,the Contract may be extended for another calendar year with a maximum of 2 renewals. Special Provisions D-18 PART E SPECIFICATIONS The City of Fort Worth's"Standard Specifications for Street and Storm Drain Construction"will govern this project,except as modified by the Contract Documents and the plans. A copy of these Standard Specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street,2°d Floor, Municipal Building,Fort Worth,TX 76102. "Standard Specifications for Public Works Construction",latest edition,as published by the North Central Texas Council of Governments(NCTCOG)shall cover any remaining items not included by the Fort Worth or TxDOT Standard Specifications or modified specifically by the plans or Contract Documents. PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW EXPERIENCE RECORD EQUIPMENT SCHEDULE PERFORMANCE BOND AND PAYMENT BOND f M F-0 CERTIFICATE OF LIABILITY INSURANCE DATE 12/9/2003 PRODUCER (817)332-8288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION adley Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Immy AT ER THE COVERAGE AFFORDED BYDER.THIS CERTIFICATE DOES TTHE POLIES BELOW. TEND OR4 fflA15 Summit Avenue rt Worth, TX 76102 INSURERS AFFORDING COVERAGE 3URED LAUGHLEY BRIDGE & CONSTRUCTION INSURER a DALLAS FIRE INSURANCE COMPANY P.O. BOX 123800 INSURER B:AMERICAN MERCURY INSURANCE GROUP INSURER c:TEXAS MUTUAL INSURANCE COMPANY 7 FT WORTH, TX 76121-3800 INSURERD:UNDERWRITERS AT LLOYD'S, LONDON (817)401-3306 Ext. INSURER E: COVERAGES 7THE 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 1AAY 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY Y EXPIRATION UMITS GENERAL LIABILITY DM(MMMD/M E MOUDD/YY) EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DGL054383 02/05/2003 02/05/2004 FIRE DAMAGE(Any one fire) $100,000 74 PERSONAL MADE a OCCUR MED EXP(Any one person) s5,00 1 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 X POLICY PRO LOC AUTOMOBILE LIABILITY ANY AUTO BAP4504694 02/06/2003 02/06/2004 COMBINED SINGLE LIMIT $1'O00,000 (Ea accident) ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ 111 X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ J AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ #' TH- WORKERS COMPENSATION AND X OR STATUY IMIT ER EMPLOYERS'LIABILITY TSF-000113230 02/04/2003 02/04/2004 E.L.EACH ACCIDENT $500 OOO E.L.DISEASE-EA EMPLOYEE $500 000 E.L.DISEASE-POLICY LIMIT $500 000 OTHER POLICY LIMIT 145,000 EQUIPMENT FLOATER LSIM1048 07/18/2003 07/18/2004 _�SCRIPTON OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF FT WORTH IS NAMED AS ADDITIONAL INSURED ON THE ABOVE GENERAL LIABILITY POLICY. PROJECT: "41SCAL YEAR 2003-2004 ANNUAL CONTRACT FOR SIDEWALKS CERTIFICATE HOLDER I X I ADDTIONAL INSURED;INSURER LETTER: A CANCELLATION CITY OF FT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 1000 THROCKMORTON DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL — FT WORTH TX 76120— IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE NM ,CORD 25-5(7197) 0 ACORD COR TION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). i 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). F r DISCLAIMER L 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. CORD 2"(1/871 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 Fiscal Year 2003—2004 Annual Contract for Sidewalks and City of Fort Worth Project No. GG01-0202501. CONTRACTOR: Laughlev Bridge & Construction, Inc. By: Name: ChaneE. Laughlev Title: President Date: 12/17/03 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Charles E. Laughley 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 Laughlev Bridge & Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of Apylp� 20�:�:- V:;a�� VDdA 6 2 yz� ' Notary Public in and for the State of ,pv PuB.,c IRMA MARENCO Texas NOTARY PUBLIC STATE OF TEXAS ` ��'�of t�}~ My comm.Exp.07-07-2007 on Bond No. 6206540 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Laughley Bridge & Construction, Inc. , as Principal herein, and (2) American States Insurance Company , a corporation organized under the laws of the State of (3) Indiana , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Two Hundred Eighty Seven Thousand, Seven Hundred Ninety Eight Dollars and No Cents Dollars $287,798.00 ) 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 28"' day of October , 2003, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of FISCAL YEAR 2003 — 2004 ANNUAL CONTRACT FOR SIDEWALKS Project No. GG01-0202501. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 28th day of October , 2003.