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Contract 29552
-� CITY SECRETAR CONTRACT NO 4a Foy Urr ..._.--- ..CONTiGl=R O G i NAL SPECIFICATIONS F I CAT I ONS COMQAM'S BONDING CO. ::ZfaTYSECREM AND _.__.__WY MANAGER'S OFFICE ..__ENGINEERING DIV. CONTRACT DOCUMENTS ____ T/PW-FILE COPY FOR SURFACE WEDGE MILLING (2004 -3) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO . GS93 -020930580030 2004 MICHAEL MONCRIEF GARY W. JACKSON MAYOR CITY MANAGER ROBERT D. GOODE, P . E . , DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P . E . , DIRECTOR r DEPARTMENT OF ENGINEERING PREPARED BY TRANSPORTATION AND PUBLIC. .WORKS DEPARTMENTKLOF ENGINEERING COORDINATION EXHIBIT "A" po 69 tr pw ` US �IV L� Zoo I City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/6/2004 DATE: Tuesday, January 06, 2004 LOG NAME: 20SURFACE WEDGE REFERENCE NO.: **C-19917 SUBJECT: �- Award of Contract to Sutton & Associates, L.P. for Surface Wedge Milling (2004-3) at Various Locations RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Sutton & Associates, L.P. in the amount of $156,687.50 for Surface Wedge Milling (20043) at various locations for one year. DISCUSSION: As part of the annual major maintenance program, the Transporation and Public Works Department contracts out the wedge milling process to prepare asphalt streets for the in-house asphalt overlay program. This contract provides for 131,250 linear feet of wedge milling and 1,000 square yards of full surface milling for streets in the in-house program. The contract is for one year, but may be extended for one additional year, if mutually agreed to by the contractor and the City. The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25% of the contract award. This project was advertised for bid on October 2 and 9, 2003. On November 6, 2003, the following bids were received: Bidders Amount Sutton &Associates, L.P. $156,687.50 Dustrol, Inc. $160,237.50 M/WBE - Sutton & Associates, L.P. is in compliance with the City's MWBE Ordinance by committing to 11% M/WBE participation. The City's goal on this project is 11%. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: F9e , The Finance Director certifies that funds are available in the current capital bpropriate , of the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GS93 541200 020930580030 $156,687.50 Submitted for City Managers Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Robert Goode (7804) George Behmanesh (7914) N 0 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SURFACE WEDGE MILLING (2004-3) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GS93-020930580030 2004 03 A. DOUGLAS RADEMAKER, P.E. DATE DIRECTOR, DEPARTMENT OF ENGINEERING l -Z.,q la-3 GEORGE A. BEHMANESH, P.E. DATE ASSISTANT DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT 022� 12 24�� o DO0 KIM, P . E . DATE CAPITAL PROJECTS ENGINEER, WATER DEPARTMENT TABLE OF CONTENTS 1. Notice to Bidders 2 . Special Instructions to Bidders 3 . Prevailing Wage Rates 4 . Proposal 5 . Vendor Compliance 6 . Disadvantaged Business Enterprise 7 . Special Provisions 8 . Contractor Compliance with Workers Compensation Law 9 . Certificate of Insurance 10 . Performance Bond 11 . Payment Bond 12 . Contract 13 . Details NOTICE TO BIDDERS Sealed proposals for the following project : SURFACE WEDGE MILLING (2004-3) AT VARIOUS LOCATIONS Project No. GS93-0209305800 30 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas will be received at The Purchasing Office until 1:30 P.M. , November 06, 2003 and then publicly opened and read aloud at 2 :00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102 . A pre-bid conference will be held at 10:30 A.M. , October 14, 2003 in the Transportation and Public Works Conference Room 270, 2nd floor, Municipal Building. One set of documents will be provided to prospective bidders for a deposit of twenty dollars ($20 . 00) : such deposit is non- refundable. Additional sets may be also purchased on a non- refundable basis for twenty dollars ($20 . 00) per set . For additional information contact Mr. Najib N. Fares at (817) 871-7802 . GARY W. JACKSON Robert D. Goode, Director City Manager Transportation and Public Works PUBLICATION: By: October 2, 2003 N ib N. Fares, . . , October 9, 2003 S reet Program Manager, TPW so ,b SPECIAL INSTRUCTIONS TO BIDDERS 1. 13ID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been .- awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. " 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices,the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the !� estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re>advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided,without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. Mp 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) Ow 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non- responsive. SPECIAL INSTRUCTIONS TO BIDDERS — ..... -I - Fn 4. AWARD OF CONTRACT: The contract, if awarded,will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")is received by the City. 5. PAYMENT,PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is$25,000 or less,payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed,in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. i C. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, no ice i be,wyea-tp�- the contractor to that effect and the contractor shall immediately pro-*a a tev� satisfactory to the City SPECIAL INSTRUCTIONS TO BIDDERS -2- 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 -General Provisions, Item 8,Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth,Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s)because of sex,race,religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth(1986), as amended,prohibiting discrimination in employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract,the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Workers Compensation(statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business r policy shall provide coverage on"any auto", defined as autos owned,hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110%of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders-Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A 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 PM 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 OoGupwntation shall not constitute a waiver of the insurance requirements specified D. Each insurance policy shall be endorsed to provide the City a( thirty days notice of cancellation, non-renewal, and/or material change in policy terms SPECIAL INSTRUCTIONS TO BIDDERS -3- I ps or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. 01 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. FA F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. ' H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage ` maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. PO L. Contractor's liability shall not be limited to the specified amounts of insurance Pb required herein. M. Upon the request of City, Contractor shall provide complete copies of all 10, insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. Y SPECIAL INSTRUCTIONS TO BIDDERS -4- "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort •— Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. b 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 h 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 Oka M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. 1 • Reports are to be submitted monthly to the M/WBE Office, regar less�ofwhether.'o not the M/WBE firm has been utilized. If there was no activity by anBE.ina particular month,place a"0"or"no participation" in the spaces pi ovided;-andorovide SPECIAL INSTRUCTIONS TO BIDDERS --------m -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Or►dnal sianatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis,the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: '= 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. *, b. If the Contractor makes change(s)prior to approval, the change will not be considered when performing a post compliance review on this project. Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor-City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information r regarding actual work performed by a Minority/Women Business Enterprise(M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the W actual work performed by an M/WBE. The misrepresentation of facts(other than a negligent misrepresentation) and/or the commission of fraud by the C n actor.wee grounds for termination of the contract and/or initiating action under a propriate federal, PL state or local laws or ordinances relating to false statements; fiuulhher, a iy such misrepresentation(other than a negligent misrepresentation)and/or co ission of fraud SPECIAL INSTRUCTIONS TO BIDDERS -6- �,. 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. pa 14. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: a. The contractor.will receive full payment(less 5%retainage) from the city for each pay period. a b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i) final quantities, or(ii) liquidated damages, city shall make a pregr-ess payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON,within the Metroplex area, runs from May 1,through October 31,with 6:00 a.m. - 10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service,will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motoriz periods in excess of 1 hour. OIL ;7 However,the Contractor may begin work prior to 10:00 a.m. if use of mQt�rized equipment is less than 1-hour or if a ui ment is new and certified byJEPA as"'Low 9ft SPECIAL INSTRUCTIONS TO BIDDERS -7. Emitting!',or equipment burns Ultra Low Sulfur Diesel (UCSD),diesel emulsions,or alternative fuels such as CNG. ps 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 Pk days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance ON with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81,TWCC-82,TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project,for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in 406.096) - includes all 0 persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,motor carriers, owner-operators, employees of any such entity, or employees of any entity which fiu•nishes 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 4„ coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 14-4 r, 01 f:.t I,(_ 11! � �i E. The contractor shall obtain from each person providing services on a ref' T provide to the City: SPECIAL INSTRUCTIONS TO BIDDERS -8- �- (1) a certificate of coverage,prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. PW H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. ' I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the di rativn,of t�i�. fqJ and for one year thereafter. . SPECIAL INSTRUCTIONS TO BIDDERS -9- G (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'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." Ptk 17. AGE DISCRIMINATION: In accordance with the policy("Policy' ) Branch of the federal government, contractor covenants that neither it nontoy© members, agents or employees who engage in the performance of this co''acts,a- SPECIAL INSTRUCTIONS TO BIDDERS i -10- 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. G d 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 RDA's provisions and any other applicable federal, state,or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION r i� s , t r SPECIAL INSTRUCTIONS TO BIDDERS t 116 � -1I- CITY-OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 2000 ASPHALT RAKER ASPHALT SHOVELER 9.75 BATCHING PLANT WEIGHER 9.65 CARPENTER(ROUGH) 13.64 CONCRETE FINISHER-PAVING 1.0.16 CONCRETE FINISHER HELPER(PAVING) 9.70 CONCRETE FINISHER-STRUCTURES 13.44 FLAGGER 7.00 FORM BUILDER-STRUCTURES 13.44 FORM SETTER-PAVING&CURB 10.25 FORM SETTER-STRUCTURES 51.75 LABORER-COMMON 7.64 LABORER-UTILITY 8.64 MECHANIC 13.25 SERVICER 10.13 PIPE LAYER 7.35 PIPE LAYER HELPER 6.75 ASPHALT DISTRIBUTOR OPERATOR 11.45 ASPHALT PAVING MACHINE OPERATOR 11.09 CONCRETE PAVING SAW 10.53 CRANE,CLAMSHELL,BACKHOE,DERRICK,DRAGLINE,SHOVEL(<I '%CY) 10.00 CRANE,CLAMSHELL,BACKHOE,DERRICK,DRAGLINE,SHOVEL(< %CY) 11:52 FRONT END LOADER(2 1/,2 CY&Less) 9.94. FRONT END LOADER(over 21h CY) 9.32 MILLING MACHINE OPERATOR 8.00 MIXER .11.00. MOTOR GRADER OPEATOR(FINE GRADE) 12.31 MOTOR GRADER OPERATOR 13.75 PAVEMENT MARKING MACHINE 11.00-. ROLLER,STEEL WHEEL PLANT-MIX PAVEMENTS 9.88 ROLLER,STEEL WHEEL OTHER FLATWHEEL OR TAMPING 12.12 ROLLER,PNEUMATIC,SELF-PROPELLED SCRAPER 8.02 TRAVELING MIXER 10.00 REINFORCING STEEL SETTER(PAVING) 9.75 TRUCK DRIVER-SINGLE AXLE(LIGHT) 8.00 TRUCK DRIVE:TANDEM AXLE SEMI-TRAILER 10.22 TRUCK DRIVER-LOWBOY/FLOAT 10.54 TRUCK DRIVER-TRANSIT MIX 10.63 TRUCK DRIVER-WINCH 9.80 Vol f ll ,�� 5T, ✓` a v'•J:: 0 0 P R O P O S A L TO: MR. GARY W. JACKSON Fort Worth, Texas City Manager Fort Worth, Texas FOR: SURFACE WEDGE MILLING (2004-3) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930580030 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work -- and furnish all labor, equipment, and materials necessary to fully complete 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. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (t) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. I 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 the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE ;AMOUNT BID S.P. 1 131,250 L.F. Wedge Milling 2" to 0" Depth 5.0' Wide @ Ak Dollars l�.�Cents Per L.F. $ S.P. 2 100 Ea. B t Joint-Milled @ It)0 LtxOl�ed � --Rve, Dollars & OU v Cents Per Ea. � P_1 vJo �' `" Li' 11U SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 3 14 Ea. Mobilization Five-Hundred Dollars & No Cents Per Ea. S 500.00 S 7,000.00 S.P. 4 1000 S.Y. 2" S dace Milling 00 Dollars •- 171 __gents Per S.Y. S TOTAL BID p-2 �'j' J'L,JiyL liSl7l'J� This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. y Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) , prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within One (1) year from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of Dollars ($ tF.A r 19. ) is to become the property of the City of Fort Worth, Texas, or the attached Bidders Bond 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. I (we) , acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Respectfully F!spbmitted�� �" Addendum No. 1 (Initials) E.P. Addendum No. 2 (Initials) a A.At.61ftolt Addendum No. 3 (Initials) Comp ypamq By:J. 10ALE� f►� Signatur inted Qof ,P inc ip ` Address ep- (Seal) Date: (, r �J -� Telephone: �7 dh '^^ U L VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as a low bidder, non-resident bidders(out-of-state contractors whose corporate offices or principal # place of business are outside 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 non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident 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. Non-resident 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: t&n boy M d Ad(W Company,�. C#I1eW MAW By (Please Print) — Address Signatu City/State/Zip Title (Please Print) , 1 ��r�THIS FORM MUST BE RETURNED WITH YOUR QUO TIO w "JJ, i GUo FORT WORTH 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 MIWBE goal is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE 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. M/WBE PROJECT GOALS The City's MBEM/BE goal on this project is %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 MM/BE Ordinance by either of the following: 1. Meet or exceed the above stated MIWBE 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. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no MM/BE 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 perform 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. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS e . Any questions,please contact the M/WBE Office at(817)871-6104. n Rev. r. 11/14/2003 15:19 8173791260 SUTTON $ ASSOCIATES PAAU�- UJ ATTACHMENT 1A Page 1 Or 4 (rpT V'VO 'i'H City of Fort Worth Subcontractors/Suppliers Utilizatign F�orm sRI E ANY NAME: Check applicable block to doscr! o prime SR ECT AM : M/W/DBE NON-MNV/DBE BID DATE r /{/) ;ity's I%M-Bli Project Goal: me's M/WSE Project Utlli=tion: /'�- a� PROJECT j� % Pril/ % 67 Identify all subcontractors/suppliers you will use on this project i In ' entirety with requested documentation, and received b the Managing allure to complete this form, its rely 4 ocu Y 9 9, )epartment on or before 5:00 p.m.five (5)City business days after bid opening, exclusive of bid opening,date,., vill result in the bid being considered non-responsive to bid specifications. -he undersigned Offeror agrees to enter into a formal agreement with. the MNVBE firm(s) listed in this ltilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional mnd/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result;in the lid being considered non-responsive to bid specifications 4ANBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or wrrently doing business in the marketplace at the time of bid. Marketplace Is the geographic area of Tarrant, °arker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties, denttlfy each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct ayment from the prime contractor to a subcontractor is considered 1a tier, a payment by a subcontractor to.: s supplier is considered 2°°tier ALL MIVVBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. :ertification means those firms,located or doing business at the time of bid opening within the Marketplace,that have een determined to be bonafide minority or women businesses by the North Central Texas Regional Certification .gency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business :nterprise(DBE) is synonymous with Minortly/Women Business Enterprise(MNVBE). (hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and Aerates at least one fully licensed and operational truck to be used on the contract. The MNVBE may lease; licks from another M/WBE firm, including M/WBE owner-operators, and receive full MNVBE credit The t/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the 'es and commissions earned b the MNVBE as outlined in the lease agreement. w Rehr 3 11/14/2003 15:19 8173791260 SUTTON & ASSOCIATES PAGE 04 ATTACHMENT 1A s T� Page 2 of a pdmes are required to Identify ALL subcontractore/suppliers,regardless of status:Le.,Minority,Woman and non-MNVBEs. Please fist MIWSE firms flrst,use additional sheets If necessary. CwMeatlon N (check one) ° JBCoNTRACTOR/SUPPLIER T Company Name I N Detail Detail Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r a B T W E E R O a C T E A 1717© ,WV 74sl/6 ,p :JJ u L ASSOCIATES PAGE 05 11!14!2003 15:19 8173791260 SUTTON 9 I ATTACHMENT 1A RT W05-9 Pape 3 of d Primes are required to Identify ALL subcontractors/suppilers,regardless of status;i.e.,Minority,Women and non-MAMBEs. Please list MANSE firms first,use additional sheets if necessary. Cortift=tto„ i � IOCO (check oney NTRACTORlSUPPLIER T r Company Name i N T Detail Detail Address o M w C X I Subcontracting Work Supplies Purchased boliar Amount Telephone/Fox r B g T D 1 E E R O E C T i A d, �W � �� ■ — dV��III�ff�{/ _,. _'.„ =�IIf.�,{/nom �Y •.'.'•'V�':YIYYI Y�L�iO 11/14/2003 15:19 9173791260 SUTTON & ASSOCIATES PAGE 06 { ATTACHMENTiA )RT WORTH Page 4 of 4 )tai Dollar Amount of MANSE Subcontractors/Suppliers $ tai Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ rTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 17,;1740 7a740 a Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval the Minority and Women Business Enterprise Office Manager or designee through the submittal cf,.a quest for Approval of ChangelAddlt/on. Any unjustified change or deletion shall be a material breach.of tract and may result In debarment in accord with the procedures outlined in the ordinance. The contractor Il submit a detailed explanation of how the requested changeladdition or deletion will affect the committed VBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, nplete and accurate information regarding actual work performed by all aubcontractors, including IV/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or imination of any books, records and files held by their company. The bidder agrees to allow the lsmission of Interviews with owners, principals, officers, employees and applicable contractors/suppilers/contmctors participating on the contract that will substantiate the actual work Formed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any ntional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment I City work for a period of not less than three (3) years and for initiating action under Federal, State or al laws concerning false statements. Any fallure to comply with this ordinance and create a material Ich of contract may result in a determination of an irresponsible Offeror and barred from participating in work for a period of time not less than one (1)year. i�na AA nn^^ n pig tin � A�soc;a S, �.P bv� confect wmmtb�dMerent) &--� ". ennj Pa.r rue ill 39q- 5q, �1�-37q-1 930 WV Nerne Telephone anWor Put a an rssa "r" U 2,4t P Date . �� 11/14/2003 15:19 8173791260 SUTTON $ ASSOCIATES PAGE 02 ATTACHMENT 1 B �` RT WO T Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRiME COMPANY NAME: Check applicable block to describe •mQ PROJECT NAME: MN MEIF- NON-MMIDBE Bib DATE City's MIW13E Project Goal: PROJECT NUMBER % Ctrl �3-D,�O rr'3o.s'f71O a If both answers to this form are YES, do Tat complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, If applicable. If the answer to,either question is NO,then you must complete ATTACHMENT 1 C. This form is only applicable if k=answers are yes. Failure to complete;:th+s#or�m;i�iI*Dl ttirety,arid�be r celvsd:by�the M nag na��Deparbment:�rikofr;bel`ore�SiQ�t,1 fivettb),C�t 'busmoss�daysafter`bEt!>yge itaa;ezclu`anvilofhe,hla}open�ng�date;liviltaresult`in;the tiitdy 'beittg�corieider�d�non-r�spor�sive�?Co�id�st�ecificatioins �,,�'; ��t,,;,, ,., . `'` , r�+>, • ���.tl�, , Will you perform this entire contract without subcontractors? YES If yes,please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business ractice and rovide anoperational rofile of Gp your business. Will you perform this entire contract without suppliers? if yes,please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practk:e and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors,including M/WBE(s)on this contract,the payment therefore end any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs 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 then throe(3)years and for initiating action under Federal, State or Local laws conceming false statements. Any failure to comply with this ordinance creates 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 Mr. � .� C�aru► ���ri� Aw S s Primed Sip ops er►tre.rMarna Ll a Title a �S 4by Contact Nom.(0 dll wt) 54-40r) A A 'r . q- 5 '1 —loci Compa y Name iIrme Nt)mbar Farr Number 42Q Nor* ,Main 5f UA o 11-5 5u-ifvQ 112.C,00 Address I Acou Date b it vim_ 1. Ste, rO.0 11/14/2003 15:19 8173791260 SUTTON $ ASSOCIATES PAGE 01 4FITTON & 'ISSDO/OTfS, L. P, 8 2 0 N . MAIN STREET KELLER , TEXAS 78248 PHONE 81r -379 - 6577 FAX 817 - 370 -6530 FAi.Si MIT TRANSMITTAL SKEET TO: ' FROM- C Roger Dupre COMPANY: COMPANY: Sutton&Associates,L.P. FAX N-UM013EIV FAX NUMBER: Y/7 R7/ 817-379-6930 PHONE NUMBER: PHONE NUMBER: 977 al-/-2- ESG-J- 817-379-5577 Ext.224 DATE: TOTAL PAGES INCL. COVER:- /4't-0- OVER: /4't-0- 43. Z00-5 �o T- RE: ❑m ❑FOR REVIEW ❑AS REQUESTER ❑TAKE APPROPRIATE ACTION ❑URGENT NOTES/COMMENTS: r CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR: SURFACE WEDGE MILLING (2004-3) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930580030 1. SCOPE OF WORK: The work covered by these details and specifications consists of wedge milling of existing pavement as described in the Special Provision of these specifications. The Contractor shall haul-off and dispose all milled material to the city yards. The work shall include all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. Work will be per as needed basis as requested by the Street Superintendent or his designated representative. The Contractor shall mobilize within 72 hours of receiving request from the Street Superintendent or his designated representatives. Streets location and limit will be assigned on the request. CONTRACT TIME AND EXTENSION: The contract is for one (1) year but may be extended for one additional year if mutually agreeable to the Contractor and the City of Fort Worth. The contract amount will remain the same as bid amount unless the Contractor can provide proof of increases in labor, material, insurance, etc. , which exceed five (5) percent. Payroll records and/or receipts of materials shall be submitted to the City in order to substantiate increase approvals. At the sole discretion of the City, the City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (f) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Total quantities given in the bid proposal may t reflect L k actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. 2. Contract will be awarded to the lowest responsible and responsive bidder. 3 . The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of 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. 4. The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. 5. This contract and project are governed by the two following published specifications, except as modified by these Special +� Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION-CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION- NORTH CENTRAL TEXAS. L General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. A copy of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102 .. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 6. 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 SP-2 j as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 7. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. See Special Instructions to Bidders Item No.14 for further requirements. 8. TRAFFIC CONTROL: The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon' s Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer @817-871-8770 for each Work Order. Although work will not begin until the traffic control panel has been reviewed, the Contractor's time will begin in accordance with the time frame established on each Work Order. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871- 7738) , to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet th SP-3 J 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 re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic upon the approval of the City Engineer. Work shall not be performed on certain locations/streets during "peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook W for Construction and Maintenance Work Areas." See Special Instructions to Bidders Item No. 15, for further work time restrictions on "Air Pollution Watch Days" with substantial use of motorized equipment. 9. PAYMENT: The Contractor will receive bi-weekly payment (minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. See Special Instructions to Bidders Item No. 14 for further requirements. 10. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information 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 SP-4 "iI i ) r,` ; � .` Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 11. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 111 . 12. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth' s Flood Plain Administrator ("Administrator") , of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) and a flood plain permit issued. All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, SP-5 shall be at contractors expense. In the event that the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 13 . During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 14. Final cleanup work shall be done for this project as soon as the work has been completed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 15. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 16. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES. " (2) 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 SP-6 connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Co. ) which will erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company, and shall record action taken in each case. (4) 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. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in s Paragraph (3) . 17 . RIGHT TO AUDIT: Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this contract. Contractor agrees that 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. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and shall be provided adequate and r appropriate work space, in order to conduct audits in compli- ance with the provisions of this article together with Article VI. City shall give the subcontractor able SP-7 advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. CONSTRUCTION NON-PAY ITEM NO. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item No. 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. PAY ITEM NO. 1 - WEDGE MILLING 2" TO 0" DEPTH 5.0 ' WIDE: 1. Description This item shall consist of milling the existing pavement from the lip of gutter at a depth of 2" and transitioning to match the existing pavement (0" cut) at a minimum width of 51 . The existing pavement to be milled will either be asphalt, concrete, or brick pavement. The removal and disposal of the milled materials shall be as directed by the Engineer. The milled surface shall provide a smooth surface free from gouges, ridges, oil film, and other imperfections of workmanship and shall have a uniform textured appearance. In all situations where the existing H.M.A.C. surface contacts the curb face the wedge milling shall include the removal of the existing asphalt covering the gutter up to and along the face of curb. The wedge milling operations for this project will be as directed by the Street Superintendent, TPW, or his designated representative. This contract is for one (1) year. The Contractor shall mobilize within 72 hours of receiving request from Street Superintendent or his SP-8 C designated representative to wedge mill the requested street. Should the contractor fail to meet this condition, liquidated damage of $500.00 per day per street will be assessed. The wedge milling operation for each street shall be performed in a continuous manner along both sides of the street. Details of milling locations are at the back of this document. The Street Services, TPW, will overlay the street. No wedge milling to be done without the approval of the Street Superintendent or his � designated representative. Contractor shall be responsible for notifying, 48 hours in advance, the residents on the street and tag any car that is parked within the limit of work. Subsidiary to this pay item, contractor shall haul-off and dispose all milled material to the City yards. 2 . Equipment The equipment for removing the pavement surface shall be a power operated milling machine or other equal or better mechanical means capable of removing, in either one pass or two passes, the necessary pavement thickness in a five- foot minimum width. The equipment shall be self-propelled with sufficient power, traction and stability to maintain accurate depth of cut and slope. The machine shall be equipped with an integral loading and reclaiming means to immediately remove material being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. Adequate back-up equipment (mechanical street sweepers, loaders, water truck, etc. ) and personnel will also be provided to keep flying dust to a minimum and to insure that all cuttings are removed from street surface daily. Stockpiling of planed material will not be permitted on the project site unless designated by the Engineer. The machine shall be equipped with means to control dust created by the cutting action and shall have a manual system providing for uniformly varying the depth of cut while the machine is in motion thereby making it possible to cut flush to all inlets, manholes, or other obstructions wi tba paved SP-9 UJ�1b area. The speed of the machine shall be variable in order am to leave the desired grid pattern specified under Surface Texture. The unit price bid per linear feet shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 2 - BUTT JOINTS - MILLED: Description: This item requires the contractor to mill "butt joints" into the existing surface, in association with the wedge milling operation (PAY ITEM NO. 1) to the depth and at locations as described below. The butt joint will provide a full width transition section, whereby the new overlay shall maintain constant depth at the point the new overlay is terminated and the new surface elevation matches the existing pavement. The construction activities, performance standards and equipment needed for the butt joints milling operations shall be governed by the special provisions of Pay Item No. 1 - Wedge Milling. The configuration of the butt joints is described in more detail below. General details of butt joint locations - along with wedge milling in general - are shown in plan form at the back of this document. Construction Details: Prior to the milling of the butt joints, the Contractor shall consult with the Construction Engineer for proper location of these joints and verify that the selected limits of the projects' street are correct. The general locations for butt joints are at all beginning and ending points of streets listed in the project and as more graphically detailed at the back of this specification book. The joints are also required on both sides of all p railroad tracks and concrete valley gutters, bridge decks and culverts and all other items which transverse the street and end the continuity of the asphalt surface. Each butt joint shall be 20 feet long and milled out across the full width of SP-10 the street section to a tapered depth of 211 . This milled area shall be tapered within the 20 feet to a depth from 0" to 2" at a line adjacent to the beginning and ending points or intermediate transverse items. This butt joint - when overlayed - will consist of a asphalt section that will transition the new overlay to match the existing pavement elevation. The contractor shall provide a temporary wedge of asphalt at all butt joints to provide a smooth ride over the bump. Measurement and Payment: Butt joints as prescribed above, will be measured by the unit of each butt joint milled. The disposal of excess material involved will not be measured for payment. Each butt joint-milled, measured as above, complete-in place- in accordance with these specifications, will be paid for at the unit price shown in the proposal for "Butt Joints" . The unit price bid per each shall be full compensation for all milling, including material haul-off, tools, labor, equipment and incidentals necessary to complete the required work. PAY ITEM NO. 3 - MOBILIZATION: This item shall compensate the Contractor to mobilize personnel, equipment, supplies, and material to wedge mill the requested streets. Contractor will be paid one mobilization per request. Each request will consist of one or several streets. Moving of the equipment, labor, and material from one street to other within a request will not be considered as a separate mobilization. Mobilization shall take place within the 72 hours of the notice given by the street superintendent or his designated representatives. The unit price per bid per each will be full compensation for all labor, equipment, material, tools and all incidentals necessary to complete the work. PAY ITEM NO. 4 - 2" SURFACE MILLING: This item shall consist of milling the existing pavement at a depth of 211 . All applicable provisions of Item No. 1 "Wedge Milling" shall apply. The unit price bid per square yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. END OF SECTION SP-12 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 Surface Wedge Milling 2004-3 at Various Locations and City of Fort Worth Project No. GS93-020930580030. ONTRACTO 0 � h By: 'f Name: Titlf Date: J STATE OF TEXAS § COUNTY OF TARRANT § Bep1mlyJ a me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and ac owledged V me that he exe ted the same as Pe act an deed of L • . for the purposes and consideration therein expre sed and in the capacity therein stated. Given Under M Hand and Seal of Office ' �l�''r►I da o 20 0 4 My y � - . �t a."t'l 1.,a, DE3ClE FLOV'JEPS - ?.. -%COMMISSIoN EJPIRES d c� . +=f APRIL 23, 20' r Notary Public in and for the State of Texas Client#: 52063 SUTTO ACORD- CERTIFICATE OF LIABILITY INSURANCE 01/15/0° �'"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 817-347-6825 or 800-728-2374 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Higginbotham&Assoc.,Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR gg ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 908 Fort Worth,TX 76101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Twin City Fire(Hartford) Sutton 8 Associates,L.P. INSURER B: Interstate Fire/Cas(CRC) Keller,TX 7 76244 P. Box INSURER c: Hartford Underwriters Ins Co 6 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY EFFECTIVE POLICY EXPIRATION LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MM DD DATE MMD LIMITS A GENERAL LIABILITY 46CQT0879 04/10/03 04/10/04 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDEa occurrence) $300 000 CLAIMS MADE ®OCCUR MED EXP(Any one person) $10,000 PERSONAL$ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 000 000 POLICY JEC LOC A AUTOMOBILE LIABILITY 46UENQT0880 04/10/03 04/10/04 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accklent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY UM01605545 04/10/03 04/10/04 EACH OCCURRENCE $2,000,000 -X1 OCCUR r-1 CLAIMS MADE AGGREGATE $2 000 000 $ DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND 46WEQT0878 04/10/03 04/10/04 X DR STATU• ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETORMARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEEI$1 1000,000 if yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re:Surface Wedge Milling(2004-3) Certificate holder is named as an additional insured on the General Liability policy which is Primary insurance as respects other collectible (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL A0_ DAYS WRITTEN Attn: Gary W.Jackson,City Mgr. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Dpt.of Engineering, Municipal IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,4T$AGENTS Bldg.1000 Throckmorton Street REPRESENTATIVES. Ft.Worth,TX 76102 AUTHORIZED REPRESENTATII ^/ 70,I, ACORD 25(2001/08)1 of 3 #S1 15879/M98606 bWE ® ACORD CORPORATION 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). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 3 #S1 15879/M98606 DESCRIPTIONS (Continued from Page 1) insurance carried by additional Insured subject to policy terms, conditions and exclusions. These coverages are afforded where required by written contract but only in accordance with policy terms,conditions and exclusions and only with respect to liability arising out of operations of the named insured. on AMS 25.3(2001/08) 3 of 3 #S115879/M98606 PERFORMANCE BOND Bond#5860931 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Sutton &Associates, L.P. , as Principal herein, and (2) Great American Insurance Company , a corporation organized under the laws of the State of(3) Ohio 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 One Hundred Fifty Six Thousand, Six Hundred Eighty Seven Dollars and Fifty Cents Dollars ($156.687.50) 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 6"' day of January 2004 a copy of which is attached hereto and made a part hereof for all purposes, for the construction of SURFACE WEDGE MILLING 2004-3 AT VARIOUS LOCATIONS Project No. GS93-020930580030. 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 6"' day of January , 2004. r. Sutton&Asso ' tes LP PRINCIPAL ATTEST: By: Na e: Won 9M (P ' cip I) Secretary y�,:,, Title: e �* (S E L) / Address: 820 N Main Street Keller, TX 76248 Witness as to Principal Great American Insurance Company SU ATTEST: y: - - Name: Staci Gross Secretary Attorney in Fact %S E A a Address: PO Box 833837 Richardson,TX 75083 Witness as to Surety Diane Barrow Telephone Number. (800)437-7843 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. PAYMENT BOND Bond#5860931 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Sutton & Associates, L.P. , as Principal herein, and (2) Great American Insurange CoMnany a corporation organized and existing under the laws of the State of(3) Ohio as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Qpg Hundred Fifty Six Thousand, Six Hundred Eighty Seven Dollars and Fifty Cents Dollars ( $ 156,687.50 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the a day of January , 2004,_which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: SURFACE WEDGE MILLING 2004-3 AT VARIOUS LOCATIONS Project No. GS93-020930580030. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 6"' day of January , 2004. Sutton &Asso iates, LP. PRINCIPAL ' fl* �- �"�lf:✓ TTEST: By; if I Name: 1"I (P ' c 1) Secretary Tai Title: (S L) Address: 820 N Main Street Keller, TX 76248 r Witness as to Firincipal Great American Insurance Company SURETY ATTEST: ey. Name: Staci Gross Attorney in Fact (S E A LL Address: PO Box 833837 Richardson, TX 75083 41JA42UA ) Wdness as to Surety Diane Barrow Telephone Number. (800)437-7843 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attomey shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. MAINTENANCE BOND Bond#5860931 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That Sutton&Associates, L.P. ("Contractor"), as principal, and, Great American Insurance Company a corporation organized under the laws of the State of Ohio ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of One Hundred Fifty Six Thousand, Six Hundred Eiahty Seven Dollars and Fifty Cents Dollars ($156,687.50), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however,that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the a of January , 20 04, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: SURFACE WEDGE MILLING 2004-3 AT VARIOUS LOCATIONS the same being referred to herein and in said contract as the Work and being designated as project number(s) GS93-020930580030 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term Of 2(Two)Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Aond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 6"' day of January , A.D. 20Q4, - Sutton &.Associ s, P PRINCIPAL p� ATTEST: By: Name: Q (Pri cip I Secretary JAM,i"al ��t? Title: (S E A L) Address: 820 N Main Street Keller, TX 76248 Witness as Princi I Great American Insurance Company SURETY ATTEST: By(�J� Name: Staci Gross 3ecneta#y Attorney in Fact (S E A L) Address: PO Box 833837 Richardson,TX 75083 Witness as to Surety Diane Barrow Telephone Number: (800)437-7843 NOTE: (1) Correct name of Principal(Contractor). ,m (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.016486 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate.constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DONAL BOLEY ALL OF ALL STEVE DEAL WICHITA FALLS,TEXAS UNLIMITED STACI GROSS JANET KAISER This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 6TH day of DECEMBER 1 2002 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO.COUNTY OF HAMILTON-ss: On this 6TH day of DECEMBER,2002 before me personally appeared DOUGLAS R. BOWEN,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument:that he knows the seal of the said Company;that the seal affixed to the i said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Companv,and that he signed his name thereto by like authority. "` MAUREEN DOUGHERIY NOTARY PUBLIC,STATE OF OHIO (- � MY COMMISSION EXPIRES 08-12-06 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1. 1993. RESOLVED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents.or any one of diem,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Companv seal and the signature of any of the aforesaid officers and anv Secretary or Assistant Secretary of the Company may be axed by,facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking.contract or suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affzxed. rCERTIFICATION 1,RONALD C.HAYES,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 6th day of January S 1029T(11101) TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury,under which the federal government shares,with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that,to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 5860931, effective Januaa 6, 2004. In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury,will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90%of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of you annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. Great American Insurance Company of New York GFeAN Great American Aillance insurance Company lquaREL GROUP Great American Insurance Company WPORTANT NOTICE: To obtain iritormation or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages,rights or complaints at: 1-800-252.3439 You may write the Texas Department of Insurance at: P.O.Box 149104 Austin,TX 78714-9104 FAX#1-512-475-1771 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it to the following address: Mailing Address: Great American Insurance Company Claim P.O.Box 2575 Cincinnati,Ohio 45201 Physical Address; Great American Insurance Company Claim 580 Walnut Street 7th Floor Cincinnati.Ohio 45201 1•3u rra;. also contact the Great Arnericar.Insurance Cornpanv Claim office b%•telephone a:: Telephone Number: 1-513-369-5069 PREMMM OR CLAL•ti1 DISPUTES: If you have a dispute concerning a premium,you should contact the agent fi*s:.If you have a dispute concerning a claim, you should contact the company firs:.If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO FOUR BOND: This notice is for information only and does not become a pert or condition of the attached docu:rnent. FA667 IOU I L% "lt CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 6'" day of Jan uany , 20 04 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Sutton &Associates. L.P. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: SURFACE WEDGE MILLING 2004-3 AT VARIOUS LOCATIONS Designated as project number, GS93-020930580030 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. r ..•o 1.LiL� Il.�e o, 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Transportation and Public Works Department of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of ONE YEAR If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 210.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniurv, damage or death is caused, in whole or in part, by the ne_gligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to C-2 property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or dama4e is caused in whole or in part by the negligence or alleged ne- licrence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Govemment Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be ONE HUNDRED FIFTY SIX THOUSAND, SIX HUNDRED EIGHTY SEVEN DOLLARS AND FIFTY CENTS $156,687.50 1 II:/f.✓ 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. N WITNESS WHEREOF, the City of Fort Worth has caused.this instrument to be signed in Six 6 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six 6 counterparts with its corporate seal attached. C. CA Done in Fort Worth, Texas, this the day of January , 20 04 . CITY OF FORT WORTH 7 Contract a thor zation ` (4 A S S I S T A N 4 NA Date APPROVED: C DIRECTOR, TRANSPORTATION AND l PUBLIC WORKS L i .Pba ATTEST: (Contractor)g A-Il MOD i, CITY ECRETARY (SEAL) BY: (Rpr sentative%AI (TITLE) APPRO D AS O FORM & Wa-N 7w (Address) LEGA Lo (City/State/Zip) A SISI NT CITY ATTORNEY November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Revised April 1999 Revised June 1999 Revised June 2001 u✓��J i i�l� ^''rSS a^ ! .•, � � 1i5 V J�J S z n000 LtjW-1 a. 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