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HomeMy WebLinkAboutContract 25735 CITY SECRETARY V� 16 D.O.E. FILE CONTRACTOR'S BONDING CO. SPECIFICATIONS CITY SECRETARY CONSTRUCTION'S COPY CONTRACT NO. CLIENT DEPARTMENT AND CONTRACT DOCUMENTS STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET PROJECT NO. C115-020115028908 IN THE CITY OF FORT WORTH,TEXAS FILE No. SD-12 1999 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER HUGO A.MALANGA, P.E. - DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E. - DIRECTOR DEPARTMENT OF ENGINEERING City of Fort Worth, Texas "noor And coundl Communication DATE REFERENCE NUMBER LOG NAME 7PA 3/28/00 **C-17942 1 30ANGLIN 1 of 2 SUBJECT AWARD OF CONTRACT TO CONATSER CONSTRUCTION, INC. FOR STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Conatser Construction, Inc. in the amount of$154,831.50 and forty working days for storm drain improvements in Anglin Drive from Eastland Avenue to Virgil Street. DISCUSSION: The 1998 Capital Improvement Program provided funds for miscellaneous drainage projects. Complaints about flooding of a school crossing intersection adjacent to the A.M. Pate Elementary School prompted a project to install a storm drain system to alleviate the flooding in this area. This project was advertised for bid on December 23 and 30, 1999. On January 20, 2000, the following bids were received: u BIDDERS AMOUNT TIME OF COMPLETION � kl o. Conatser Construction, Inc. $154,831.50 40 Working Days Allison-Broyles Construction $157,886.65 McMahon Construction, Inc. $159,774.75 Cleburne Utilities Company, Inc. $172,402.00 Mid-State Utilities, Inc. $178,033.00 Stocker Enterprises, Inc. $189,135.00 Rhino Utility Construction, Inc. $189,531.00 Tri-Tech Construction, Inc. $193,919.00 Linder-Stahl Construction, Inc. $270,572.50 Earth Builders $281,938.00 The contingency for possible change orders is $7,741.00. Conatser Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 11% M/WBE participation. The City's goal on this project is 11%. This project is located in COUNCIL DISTRICT 5. City of Fort Worth, Texas "10for and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 3/28/00 **C-17942 1 30ANGLIN 2 of 2 SUBJECT AWARD OF CONTRACT TO CONATSER CONSTRUCTION, INC. FOR STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVFI Mike Groomer 6140 CITY COUNCIL Originating Department Head: A.Douglas Rademaker 6157 (from) MAR 28 2000 C115 541200 020115028911 $154,831.50 Additional Information Contact: City S. %wry of the A.Douglas Rademaker 6157 City of Fort Worth,TOM SPECIFICATIONS AND CONTRACT DOCUMENTS STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET PROJECT NO. C115-020115028908 IN THE CITY OF FORT WORTH,TEXAS FILE No. SD-12 1999 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER HUGO A. MALANGA, P.E. -DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E. - DIRECTOR DEPARTMENT OF ENGINEERING rF�xsrjl dJA E BRYAN BECK o $46 Q iI NAs TABLE OF CONTENTS TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Proposal 4. Vendor Compliance to State Law 5. Minority and Women Business Enterprises Specifications 6. Special Provisions 7. Certificate of Insurance 8. Contractor Compliance With Worker's Compensation Law 9. Equipment Schedule 10. Experience Record 11. Performance Bond 12. Payment Bond 13. Contract NOTICE TO BIDDERS Sealed proposals for the following: FOR: STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET PROJECT NO. C115-020115028908 FILE NO.SD-12 DOE#:2735 Addressed to Mr.Bob Terrell,City Manager of the City of Fort Worth,Texas will be received at the Purchasing Office until 1:30 PM,Thursday,January 20,2000 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Office of the Department of Engineering,Municipal Office Building, 1000 Throckmorton Street,Fort Worth,Texas. One set of documents will be provided to prospective bidders for a deposit of$20.00;such deposit will be refunded if the document is returned in good condition within(10)days after bids are opened. Additional sets may be purchased on a nonrefundable basis for twenty dollars($20.00)per set. These documents contain additional information for prospective bidders. Bid security is required in accordance with the Special Instruction to Bidders. This project is located adjacent to the A.M.Pate Elementary School. In order to coordinate construction with the school,construction will be scheduled to start on May 1,2000. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation')as j appropriate is received by the City. The award of contract,if made,will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for,obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all Addenda may be rejected as being nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-871-7910. In accord with City of Fort Worth Ordinance No. 11923,as amended,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contract. A copy of the Ordinance can be obtained from the Office of the City Secretary. In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation')as appropriate. The documentation must be received no later than 5:00 PM,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid nonresponsive. For additional information,contact Bryan Beck,P.E.at(8 17)871-7909. BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY A.Douglas demaker,P.E. Director, artpwikt�ineering By Jo Firing, M pager,En&Qe0ring Services Advertising Dates: December 23,1999 December 30, 1999 SPECIAL INSTRUCTION TO BIDDERS M 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents rwithin ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S.Treasury,or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection,the successful bidder shall be required to furnish a performance bond as well as payment bond,both 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 Article 5160 of the Revised Civil Statutes of Texas,as amended. In order for surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.S.Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000 a Payment Bond shall be executed,in the amount of the contract,solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall be executed,in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of fort Worth. 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No.7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES:All bidders will be required to comply with provision 5159a of"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. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$250,000 each person, $500,000 each occurrence;Property Damage-$300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. NONRESIDENT BIDDERS: Pursuant to Article 601 g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the rt lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923,as amended,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary.In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate. The Documentation must be received no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under appropriate federal,state or local laws or ordinances relating to false statement;further,any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11. AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM *- ("Documentation")as appropriate is received by the City. The award of contract, if made,will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT:The Contractor will receive full payment(minus 5%retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non- responsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage a.Definitions: Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the 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("subcontractoe,in§406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement's,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current '^ certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. 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 with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or G changes: M "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 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". 15. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 16. AGE DISCRIMINATION:In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contactor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 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 M/WBE 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/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 'I %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or; •— 2. Good Faith Effort documentation,or; 3. Waiver documentation. 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. M/WBE Utilization Form: received by 5:00 p.m.,five(5)City business days after the bid opening date, exclusive of the bid opening date. 2. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. 3. Good Faith Effort Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the MIWBE Office at(817)871-6104. Rev.612198 ATTACHMENT 1A ,- City of Fort Worth Page 1 of 2 Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION CONATSER CONSTRUCTION,INC. J4k7"i t i Imo PRIME COMPANY NAME BID DATE 15 l2r nd .I�r'�i n S»uoyf�l/t rY+P S I n i n J�: Z)Oi PROJECT NAME PROJECT NUMBER CITY'S MNYBE PROJECT GOAL: j/ M/WBE PERCENTAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(`) Supplied(") oc ur U 2 RAY MATERIALS INC. HAULING AGGREGATES PO BOX 361 be EXCESS EXCAVATION - MANSFIELD,TX 76063 S(' 917-473-8355 BAY - I INC. PO BOX 361 CONCRETE REDI-MIX tfrrNs /3, /�F� "s-, MANSFIELD,TX 76063 ��1. �/ 7�� �� S+ 31100- 8 7-473- 110081333 J >'1. M1WBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. (') Specify all auras In which MWBE's are to be utilized and/or Items to be supplied* (') A complete listing of items to be supplied,is required In order to receive credit toward the MIMEgoal. (")Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,i.e.,a direct payment from the prime contractor to a subcontractor is considered 1"tier,a payment by a subcontractor to Its supplier is considered 2n°tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.6/2198 Pages 1 and 2 of Attachment 1A must be received by the Managing Department a� ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. calScope of Work(') Supplied(') ,�• On g U N Z 2 The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or 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 MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating thea contract or debarment from City work for a period of not less than three(3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and 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)year. n MBE W UST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD p=CONATSFR A pp i d Signatu a Printed Signature 's :':. __;°• � '� Title Contact Name and (if different) CONATS.F.R CONSTRUCUOr4,INC. pHOI!il6 fill."4-1743 Company Nan*O.BOX 15804 Telephone Number(s) FAX 817-534-4556 FORT WORTH,TX 76119 �~ Address Fax Number j yluare. ?-D Zl1Q'� City/State/Zip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.5,21'3 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1B Ci of Fort Worth Page 1 of 1 Minority and Women Business Enterprise Specifications Prime Contractor Waiver Prime Company Name Project Name Bid Opening Date Project Number If both answers to this form are YES, do not 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 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Manacling Department on or before 5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or -� WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or 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 MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and 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)year. Authorized Signature Printed Signature Title Contact Name (if different) Company Name Contact Telephone Number(s) Address Fax Number Rev.6/2/98 ATTACHMENT1C Page 1 of 3 City of Fort Worth Minority and Women Business Enterprise GOOD FAITH EFFORT CONATSER CONSTRUCTION,INC. J,tryuae:�g Z4 2406 Prime Company Name Bid Date 54w= -D-i`vie- 1 7E a73 Project Name Project Number If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your M/WBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five(5)City business days after bid opening,exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS)which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (Use additional sheets, if necessary) List of: Subcontracting Opportunities List of: Supplier Opportunities lot,4 Je_ _TZ le4- I?em+ 1. Avila I-/??- r2li4hazs Rev.612198 ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. N/ Yes Date of Listing I/ / Is 1q No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? ✓ Yes If yes, attach M/WBE mail listing to include name of firm and address and a dated No copy of letter mailed. ., 4.) Did you solicit bids from MfWBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? ✓ Yes If yes, attach list to include name of M/WBE firm, person contacted, No phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If a SIC list of M/WBE is ten or less,the bidder must contact the entire list to be in compliance with questions 3 and 4. If a sic list of MfWBE is more than ten, the bidder must contact at least two-thirds of .� the list but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential MfWBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? /Yes No 6.) If MfWBE bids were received and rejected,you must: (1) List the MfWBE firms and the reason(s)for rejection(i.e.,quotation not commercially reasonable, qualifications, etc.) and -- (2) Attach affidavit and/or documentation to support the reason(s) listed below(i.e.. letters, memos, bids,telephone calls, meetings,etc.) (Please use additional sheets,if necessary,and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection See-- a-#,0CAed eta _. Rev.6/2/98 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MIWBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original 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 on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and 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) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. iIZRY CONATSER Authorized Signature Printed Signature SAME Title Contact Name and Title(if different) CONAT$ER CONSTRUCTION.INC. PHONE 817-534-1743 Company NBD MX 15804 Telephone Number(s)FAX 817-534-4556 FORT WORTH,TX 76119 Address Fax Number J-dMIA9,M W City/State/Zip Date Rev.612198 PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth, Texas FOR: STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET PROJECT No.C115-020115028908 FILE No.SD-12 DOE#:2735 Pursuant to the foregoing"Notice to Bidders",the undersigned has thoroughly examined the plans, specifications and the site,understands the amount of work to be done,and hereby proposes to do all the work and furnish all labor,equipment,and materials necessary to complete all the work as provided in the plans and specifications,and subject to the inspection and approval of the Department of Engineering Director of the City of Fort Worth. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums,to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1. 1 LS. UTILITY ADJUSTMENT ONE THOUSAND Dollars& NO Cents Per LS. $1,000.00 $1,000.00 S.P. 2. 2 EA. PROJECT DESIGNATION SIGNS THREE HUNDRED Dollars& NO Cents Per EA. $300.00 $600.00 104 3. 74 L.F. REMOVE EXIST.7"CURB& 18"GUTTER Dollars& eo Cents Per L.F. $ (a.-O-0 $ 104 4. 260 S.F. REMOVE EXIST.CONCRETE VALLEY Dollars& -La– $�� ' �V c, Cents Per S.F. 440 5. 68 L.F. PROP.24"CL.III R.C.P. J.1, Dollars& ' h(o Cents Per L.F. $ 5a $ . 440 6. 77 L.F. PROP.27"CL.III R.C.P. Dollars& Ato V a U Cents Per L.F. $ $ [ _� 440 7. 22 L.F PROP.30"CL.III R.C.P. -E-{� Dollars& N e Cents Per L.F. $ (�z� $ 440 8. 612 L.F. PROP.42"CL.III R.C.P. i y%e:6 f _-Dollars& N o Cents Per L.F. $ 9G•s� $ r 69 440 9. 38 L.F. PROP.42"CL.V R.C.P. Q le hu A 4-y Dollars& e — N o J Cents Per L.F. $ $ 440 10. 1 EA. PROP.42"CL.III R.C.P., — 450 BEND Dollars& $ P60,= $ on.-, N Cents Per EA. 440 11. 1 EA. PROP.42"CL.III R.C.P., 90°BEN Dollars& $ 900. $ 96c), Cents Per EA. S.P. 12. 50 C.Y. PROP. 18"ROCK RIP-RAP. Dollars& Cents Per C.Y. $ -75. $4 76'O. 444 13. 3 /E'A. PROP. STD. 10' LET. l 0 f4bu Dollars& Cents Per EA. $ 2u) $ GO. 444 14. 1 EA. PROP..STD.DBL. 10' INLET. roor Apu� - 1 I/e. h UWJeccf Dollars& ea lye, Cents Per EA. $ "vU $ 60 444 15. 2 EA. P OP.STD.4' SQU RE MANHOLE. -- c v AW Dollars& Cents Per EA. $ 60. $Fz 660.'�" S.P. 16. 817 L.F. TRENCH SAFETY 5254 it Q Dollars& A n Cents Per L.F: $ /, 6$ $ 9/7. 402 17. 1205 C.Y. TRENCH EXCAVATION&BACKFILL L,rc_L, Dollars& Cents Per C.Y. $ `S� $ 400 18. 5 C.Y. PROP.STRUCTURAL EXCAVATION Dollars& No Cents Per C.Y. $ $ 76 .0' — 406 19. 4 C.Y. PROP.CONCRETE FOR HEADWALLS, 410 WINGWALLS,TOEWALLS,AND I APRON Six h unci Dollars& Al-0— i Cents Per C.Y. S.P. 20. 100 L.F. PERMANENT PAVEMENT REPAIR PER FIGURE 1;'/:PANEL MINIMUM Dollars& o Cents Per L.F. S.P. 21. 412 L.F. PERMANENT PAVEMENT REPAIR PER FIGURE 4 v Dollars& — Cents Per L.F. T- 502 22. 50 L.F. fPP.7"CURB& 18"GUTTER Dollars& M j Cents Per L.F. $_tea. $ 1 DC7.=o S.P. 23. 350 L.F. PROP.5' WEDGE MILL 's� Dollars& J1 v Cents Per L.F. $ (o o-, 312 24. 10 TONS PPpP.H.M.A.C.LEVEL UP S.P. Dollars& Cents Per TON $ °= $ 460• 312 25. 705 S.Y. PROP.2"H.M.A.C.OVERLAY S.P. Dollars& 'u Cents Per S.Y. $quo ` $ � S.P. 26. 1 L.S. WATER LOWERING DETAIL `A' T h rte. ±;bgjsati4 Dollars& Cents Per L.S. $�°° $ a 60, S.P. 27. 1 L.S. WATER LOWERING DETAIL `B' h ouSsrd Dollars& No Cents Per L.S. $ app oo $ S.P. 28. 1 L.S. WATER LOWERING DETAIL`C' Thre,e_. IL— � Dollars& n/o Cents Per L.S. $ 3 $ S000 S.P. 29. 1 L.S. WATER LOWERING DETAIL`D' --rhr Dollars& Na Cents Per L.S. $ 5,60n, o, $ 15- 000.— S.P. 30. 62 L.F. 6"CL.51 D.I.P.FOR SAN.SEWER REPL. AT VARIABLE DEPTH W/CONC. ENCASEMENT. $ d $ a 2D Dollars& Cents Per L.F. S.P. 31. 18 L.F. 10"CL.51 D.I.P.FOR SAN. SEWER REPL. AT VARIABLE DEPTH W/CONC. E CASEMENT. $ -7!:5' $ (Ztab Dollars& Cents Per L.F. S.P. 32. 30 L.F. 12"CL.51 D.I.P.FOR SAN. SEWER REPL. AT VARIABLE DEPTH W/CONC. ENCASEMENT. $ $ b0. �14 b iN Dollars& hl c1c.3Cents Per L.F. 116 33. 22 C.Y. TOP SOIL mm S.P. ,rt Dollars& �V c, Cents Per C.Y. $ /D-� $�O Q. S.P. 34. 1 EA. ADJUST WATER VALVE BOX TWO HUNDRED Dollars& NO Cents Per EA. $ 200.00 $200.00 S.P. 35. 2 EA. ADJUST MANHOLE THREE HUNDRED FIFTY Dollars& NO Cents Per EA. $350.00 $700.00 104 36. 100 S.F. REMOVE&REPLACE EXISTING 504 SIDEWALK Dollars& $ p $ 8Do- N 61 Cents Per S.F. b-b TOTAL BID $ MR This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction,are subject to State sales taxes under House Bill 11,enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within Forty(40) Working Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the"Prevailing Wage Rates for Street,Drainage and Utility Construction'as established by the City of Fort Worth,Texas. Within ten(10)days of receipt of notice of acceptance of this bid,the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of S'01 o f 6x',W- Dollars ($ )is to be forfeited in the event the contract and bond are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. (Uwe), acknowledge receipt of the following addenda to the plans and specifications,all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3(Initials) Addendum No.2(Initials) Addendum No.4(Initials) Respectfully submitted: By Ad ress �_O. Eck 1� �rf "A. 7 7L/l Cl Telephone (SEAL) Date 01- go- C0/) VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that,in order to be awarded a contract as low bidder,nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction,improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State),our principal place of business,are required to bepercent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State),our principal place of business,are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. LTJ BIDDER: CONATSER CONSTRUCTION,INC. By: JCtyq d2nQfSe)- P.O.BOX 15804 (Please print) FORT WORTH,TX 76119 Signature: Title: I les t'dent City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION CITY OF FORT WORTH,TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET PROJECT No.C115-020115028908 FILE No.SD-12 DOE#: 2735 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the installation of reinforced concrete storm drain pipe and all other miscellaneous items of construction to be performed as outlined in the Plans and Specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. 4W 3. WORK ORDER DELAY:All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty(60)days of advertisement of this project. The work order for subject project will not be issued until all utilities,right-of-ways,easements and/or permits are cleared or 4P obtained.The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract.This project is located adjacent to the A.M.Pate Elementary School. In order to coordinate construction with the school,construction will be scheduled to start on May 1,2000. 4. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 5. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. When the quantity of work to be done or materials to be furnished under any major pay item of the contract is more than 125%of the quantity stated in the contract,whether stated by Owner or by Contractor,then either party to the contract,upon demand,shall be entitled to negotiate for revised consideration on the portion of work above 125%of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75%of the quantity stated in the contract,whether stated by Owner or by Contractor, then either party to the contract,upon demand,shall be entitled to negotiate for revised consideration on the portion of work below 75%of the quantity stated in the contract. This paragraph shall not apply in the in �,. event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. We In the event Owner and Contractor are unable to agree on a negotiated price,Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15%as described herein below,agreed upon in writing by the Contractor and Department of Engineering and approved by the City Council after -. said work is completed,subject to all other conditions of the contract. As used herein,field cost of the work will include the cost of all workmen,foremen,time keepers,mechanics and laborers;all materials,supplies, trucks,equipment rental for such time as actually used on such work only,plus all power,fuel, lubricants, ML water and similar operating expenses;and a ratable portion of premiums on performance and payment bonds,public liability,Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15%of the actual field cost to be paid to the Contractor shall cover and compensate him for profit,overhead,general supervision and field office expense and all other elements of cost and expense not embraced with the actual field cost as herein specified upon request,the Contractor shall provide the Director of Engineering access to all accounts,bills and vouchers relating thereto. 6. RIGHT TO ABANDON: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. 7. CONSTRUCTION SPECIFICATIONS: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 A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street,2"d Floor,Municipal Building,Fort Worth,Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown,then applicable published specifications in either of these documents may be followed at the discretion of the '^ Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 8. CONTRACT DOCUMENTS: Bidders shall not separate,detach or remove any portion,segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"nonresponsive"and rejecting bids or voiding contract as appropriate and as determined by the Director of the Department of Engineering. 9. MAINTENANCE STATEMENT:The Contractor shall be responsible for defects in this project due to faulty materials and workmanship,or both,for a period of one(1)year from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 10. CONSTRUCTION STAKING:Construction stakes for line and grade will be provided by the City as outlined on page 17,Standard Specifications for Construction,City of Fort Worth. 11. TRAFFIC CONTROL: The contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the"1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways"issued under the authority of the"State of Texas r rUniform Act Regulating Traffic on Highways,"codified as Article 6701d Vernon's Civil Statues,pertinent sections being Section Nos.27,29,30 and 31. rThe 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 (plione number 871-8075),to remove the sign. In the case of regulatory signs,the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications,the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. 12. 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 y information or material,if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval;and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time,his application for which shall,however,be subject to the approval of the City Council;and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. r13. 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 op and/or Detour Signs,"Item 524 and/or as shown on the plans. Construction signing and barricades shall conform.with"1980 Texas Manual on Uniform Traffic Control Devices,Vol.No. L" 14. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material,the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"),of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth(Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit,including any necessary engineering studies,shall be at the contractors expense. In the event that the contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site,upon notification by the Director of Engineering,contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. r r 15. ZONING REOUIREMENTS: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. r 16. QUALITY CONTROL TESTING: (a) The contractor shall furnish,at its own expense,certifications by a private laboratory for all materials proposed to be used on the project,including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate,cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates as determined by the City.The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements'of the contract. (d) Not less than 24 hours notice shall be provided to the City by the contractor for operations requiring testing. The contractor shall provide access and trench safety system(if required)for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 17. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 18. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels,drilling rigs,pile drivers,hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de- energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d) The contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph(c). 19. WATER DEPARTMENT PRE-QUALIFICATIONS: Any contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 20. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,under the expiration of three(3)years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further,that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection(c) hereof. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photo copy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus$0.15 for each page thereafter. (d) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." CONSTRUCTION NON-PAY ITEM No. 1 -CLEARING AND GRUBBING: �. All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM No.2-SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However,no direct payment will be made for this item and it shall be considered incidental to this contract. r a, NON-PAY ITEM No.3-PROTECTION OF TREES,PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns,yards,shrubs,trees,etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of — work. By ordinance,the contractor must obtain a permit from the City Forester before any work(trimming,removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus,all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. NON-PAY ITEM No.4-CONCRETE COLORED SURFACE: Concrete wheelchair ramp surfaces,excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M. Scofield Company or equal, shall be used in accordance with manufacturers instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension,or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample,upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item. No direct payment will be made for this item and it shall be considered incidental to this contract. The method of application shall be by screen,sifter,sieve,or other means in order to provide for a uniform color distribution. NON-PAY ITEM No. 5—PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary,clean-up shall be done on a daily basis. Clean up work shall include,but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents'property If the Engineer does not feel that the jobsite has been kept in an orderly condition,on the next estimate payment (and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. 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. NON-PAY ITEM No.6—PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction,including project clean up,and allow the contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and appioval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract.This project is located adjacent to the A.M.Pate Elementary School. In order to coordinate construction with the school,construction will be scheduled to start on May 1,2000. NON-PAY ITEM No. 7—NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement,the Contractor shall notify residents,in writing,at least 48 hours in advance of saw- cutting joints during the construction of paving projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. PAY ITEM No. 1 -UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal;however,this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the"Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the contractor at the contractor's expense. The payment to the contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the contractor in handling the utility adjustments. PAY ITEM No.2-PROJECT DESIGNATION SIGN: The contractor shall construct and install two (2)Project Designation Signs and it will be the responsibility of the contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include Painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of W fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials,` supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 12—PROP. 18"ROCK RIP-RAP: " This item is intended to be placed at the outfall of the storm drain line. Native material will be excavated to allow for placement of rock rip-rap to match flowline at proposed apron. Payment for this excavation shall be considered subsidiary to the_bid price per cubic yard for"PROP. 18"ROCK RIP-RAP". N+ Material shall be graded from a mean diameter of 12"to 6". The unit price bid per cubic yard will be full payment for materials to include all labor,equipment,tools,and incidentals necessary to complete the work. PAY ITEM No. 16-TRENCH SAFETY: Description: This item will consist of the basic requirements which the contractor must comply with in order to provide for the safety and health of workers in a trench. The contractor shall develop,design and implement the r W trench excavation safety protection system. The contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing"a safe place to work"for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five(5)feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration,U.S. Department of Labor,shall be the minimum governing requirement of this item and is hereby made a part of this specification. The contractor shall,in addition,comply with all other applicable Federal,State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal,which shall be total compensation for furnishing design,materials,tools,labor,equipment and incidentals necessary,including removal of the system. PAY ITEM NO.20—PERMANENT PAVEMENT REPAIR PER FIG. 1:'/Z PANEL MINIMUM: This item shall include the removal and replacement of existing concrete pavement at locations as designated by the Engineer. See Item No. 104"Removing Old Concrete"and Item No.314"Concrete Pavement"for specifications governing this item. The existing pavement shall be sawed so as to maintain an even,straight pavement cut. The existing reinforcing steel at sawed line and construction joints shall be lapped 12 inches with the new reinforced concrete pavement. The existing steel shall be cleaned before lapping. At all locations that concrete pavement repair is required,the minimum replacement shall be one half panel of concrete pavement or as directed by the Engineer. The unit price bid per lineal foot shall be full payment for all labor,materials,equipment,tools,removal and replacement of concrete,and all incidentals necessary to'complete the work. PAY ITEM NO.21 —PERMANENT PAVEMENT REPAIR PER FIG.4: This item shall include the removal and replacement of existing H.M.A.C.pavement at locations as designated on the plans or by the Engineer. See Item No.312"Hot Mix Asphaltic Concrete"and the attached figures for specifications governing this item. The existing pavement shall be sawed so as to maintain an even,straight pavement cut. The unit price bid per lineal foot shall be full payment for all labor,materials,equipment,tools,removal and replacement of H.M.A.C.,and all incidentals necessary to complete the work PAY ITEM NO.23—PROP. 5' WEDGE MILL: This item shall include the removal of asphaltic material from the existing gutter line to 5' feet from the existing gutter line or as directed by the Engineer. The removed surfacing shall be loaded into trucks upon removal and hauled away from the job site as directed by the Engineer. In no case shall the removed asphaltic surface be stockpiled on the job site. None of the H.M.A.C.surface will be incorporated into the base repair. See plans for any specifications to be followed. PAY ITEM NO.24—PROP.H.M.A.C.LEVEL UP This item will include the furnishing and placing of H.M.A.C.level up as shown on the plans or as directed by the Engineer. All applicable provisions of Standard Specifications,Item 312,shall govern. Payment shall be made at the unit price per unit ton as shown on the Proposal and shall be full compensation for furnishing all labor,materials,equipment,tools and incidentals necessary to complete the work. PAY ITEM NO.25.—PROP.2"H.M.A.C.OVERLAY: Contractor shall feather proposed H.M.A.C.overlay to match existing edge of pavement on both sides and restore crown in Virgil Street. Any depressions or failures in the pavement prior to the H.M.A.C.overlay shall on have H.M.A.C.level-up applied as directed by the Engineer. Subsidiary to this item will be the wedge milling of any required buttjoints. Payment shall be made at the unit price bid per square yard as shown on the proposal and shall be full compensation for furnishing all labor,materials,equipment,tools and incidentals necessary to complete the work. See attached figures for any related specifications. PAY ITEM NO.26—WATER LOWERING DETAIL A: The lump sum payment for these items shall be full compensation for furnishing all pipe,fittings and other materials,tools,labor,equipment,and incidentals necessary to complete the work as detailed in the plans. The contractor performing the work of PAY ITEM NO.26 shall be prequalified by the City of Fort Worth Water Department. All provisions of the City of Fort Worth Water Department General Contract Documents shall apply. PAY ITEM NO.27—WATER LOWERING DETAIL B: The lump sum payment for these items shall be full compensation for furnishing all pipe,fittings and other materials,tools,labor,equipment,and incidentals necessary to complete the work as detailed in the plans. *. The contractor performing the work of PAY ITEM NO.27 shall be prequalified by the City of Fort Worth Water Department. All provisions of the City of Fort Worth Water Department General Contract Documents shall apply. PAY ITEM NO.28—WATER LOWERING DETAIL C: The lump sum payment for these items shall be full compensation for furnishing all pipe,fittings and other materials,tools,labor,equipment,and incidentals necessary to complete the work as detailed in the plans. �+ Subsidiary to this bid item will be the removal and replacement of a 6-Inch gate valve. The contractor performing the work of PAY ITEM NO.28 shall be prequalified by the City of Fort Worth Water Department. All provisions of the City of Fort Worth Water Department General Contract Documents shall apply. PAY ITEM NO.29—WATER LOWERING DETAIL D: The lump sum payment for these items shall be full compensation for furnishing all pipe,fittings and other materials,tools,labor,equipment,and incidentals necessary to complete the work as detailed in the plans. The contractor performing the work of PAY ITEM NO.29 shall be prequalified by the City of Fort Worth Water Department. All provisions of the City of Fort Worth Water Department General Contract Documents shall apply. PAY ITEM NO.30—6"CL.51 D.I.P.FOR SANITARY SEWER REPLACEMENT AT VARIABLE DEPTH W/CONC.ENCASEMENT: The lineal foot payment for this item shall be full compensation for furnishing all pipe,fittings,and other materials,tools,labor,equipment and incidentals necessary to complete the work as detailed on the plans. The contractor performing the work of PAY ITEM NO.30 shall be prequalified by the City of Fort Worth Water �. Department. All provisions of the City of Fort Worth Water Department General Contract Documents shall apply. Concrete encasement shall be installed in accordance with the attached standards. PAY ITEM NO. 31 — 10"CL.51 D.I.P.FOR SANITARY SEWER REPLACEMENT AT VARIABLE DEPTH W/CONC.ENCASEMENT: The lineal foot payment for this item shall be full compensation for furnishing all pipe,fittings,and other materials,tools,labor,equipment and incidentals necessary to complete the work as detailed on the plans. Ob 00 The contractor performing the work of PAY ITEM NO.31 shall be prequalified by the City of Fort Worth Water Department. All provisions of the City of Fort Worth Water Department General Contract Documents shall apply. Concrete encasement shall be installed in accordance with the attached standards. y, PAY ITEM NO.32— 12"CL. 51 D.I.P.FOR SANITARY SEWER REPLACEMENT AT VARIABLE DEPTH W/CONC.ENCASEMENT: The lineal foot payment for this item shall be full compensation for furnishing all pipe,fittings,and other materials,tools,labor,equipment and incidentals necessary to complete the work as detailed on the plans. The contractor performing the work of PAY ITEM NO.32 shall be prequalified by the City of Fort Worth Water Department. All provisions of the City of Fort Worth Water Department General Contract Documents shall apply. Concrete encasement shall be installed in accordance with the attached standards. PAY ITEM No.33 -TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth(compacted)over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume(full truck with sideboards up)tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. PAY ITEM No.34-ADJUST WATER VALVE BOX: Contractor will be responsible for adjusting water valve boxes to match new pavement grade.The water valves themselves will be adjusted by City of Fort Worth Water Department forces. The unit price bid will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. PAY ITEM No.35-MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as _ shown on the plans or as directed by the Engineer. Standard Specification Item No.450 shall apply except as follows: Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 1999 AIR TOOL OPERATOR $9.00 ASPHALT RAKER 9.55 ASPHALT SHOVELER 8.80 BATCHING PLANT WEIGHER 11.51 CARPENTER 10.30 CONCRETE FINISHER-PAVING 10.50 CONCRETE FINISHER-STRUCTURES 9.83 CONCRETE RUBBER 8.84 ELECTRICIAN 15.37 FLAGGER 7.55 FORM BUILDER-STRUCTURES 9.83 FORM LINER-PAVING&CURB 9.00 FORM SETTER-PAVING&CURB 9.24 FORM SETTER-STRUCTURES 9.09 LABORER-COMMON 7.32 LABORER-UTILITY 8.94 MECHANIC 12.68 OILER 10.17 SERVICER 9.41 PAINTER-STRUCTURES 11.00 PIPE LAYER 8.98 BLASTER 11.50 ASPHALT DISTRIBUTOR OPERATOR 10.29 ASPHALT PAVING MACHINE 10.30 BROOM OR SWEEPER OPERATOR 8.72 BULLDOZER 10.74 CONCRETE CURING MACHINE 9.25 CONCRETE FINISHING MACHINE 11.13 CONCRETE PAVING JOINT MACHINE 10.42 CONCRETE PAVING JOINT SEALER 9.00 CONCRETE PAVING SAW 10.39 CONCRETE PAVING SPREADER 10.50 SLIPFORM MACHINE OPERATOR 9.92 CRANE,CLAMSHELL,BACKHOE,DERRICK,DRAGLINE,SHOVEL 11.04 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.00 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 11.83 FRONT END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER 10.30 MOTOR GRADER OPERATOR FINE GRADE 11.97 MOTOR GRADER OPERATOR 10.96 PAVEMENT MARKING MACHINE 7.32 ROLLER,STEEL WHEEL PLANT-MIX PAVEMENTS 9.06 ROLLER,STEEL WHEEL OTHER FLATWHEEL OR TAMPING 8.59 ROLLER,PNEUMATIC,SELF-PROPELLED SCRAPER 8.48 SCRAPER 9.63 TRACTOR-CRAWLER TYPE I0.58 TRACTOR-PNEUMATIC 9.15 TRAVELING MIXER 8.83 WAGON-DRILL,BORING MACHINE 12.00 r REINFORCING STEEL SETTER-PAVING 13.21 REINFORCING STEEL SETTER-STRUCTURES 13.31 STEEL WORKER-STRUCTURAL 14.80 �, SPREADER BOX OPERATOR 10.00 WORK ZONE BARRICADE 7.32 TRUCK DRIVER-SINGLE AXLE LIGHT 8.965 TRUCK DRIVER-SINGLE AXLE HEAVY 9.02 TRUCK DRIVER-TANDEM AXLE SEMI TRAILER 8.77 TRUCK DRIVER-LOWBOY/FLOAT 10.44 TRUCK DRIVER-TRANSIT MIX 9.47 TRUCK DRIVER-WINCH 9.00 VIBRATOR OPERATOR-HAND TYPE 7.32 WELDER 11.57 CITY OF FORT WORTH ' CONSTRUCTION SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX PROJECT: ANGLIN (VIRGIL TO VIRGIL) DOE NO. : 2735 FUND CODE: 04 HOLE # 1 LAB NO. : 56748 LOCATION_ 48' NORTHOFEASTLANDCL - - - - - ---------------------------------------- I I 6.00" HMAC 5.00" BROWN CLAY W/CRUSHED STONE I 9.00" BROWN CLAY I --------------------------------------------------------------------------I ATTERBURG LIMITS: LL: 21. 3 PL: 13.8 PI: 7.5 SHRKG: 5.0% MUNSEL COLOR CHART: 6/4 LIGHT YELLOWISH BROWN SAND I HOLE # 2 LAB NO. : 56749 I LOCATION: 185' NORTH OF EASTLAND CL -------------------------------------------------------------------------- I 4 .00" HMAC I 5.00" BROWN CLAY W/CRUSHED STONE I 11.00" BROWN CLAY ATTERBURG LIMITS: LL: 39.8 PL: 19.4 PI: 20.4 SHRKG: 12.0% I MUNSEL COLOR CHART: 5/6 YELLOWISH BROWN CLAY I HOLE # 3 LAB NO. : 56750 I LOCATION: 45' SOUTH OF VIRGIL CL I ----------------------------------------------------------------I 4.25" HMAC 1 6.00" BROWN CLAY W/CRUSHED STONE I -9`50"-BROWN-CLAY- I ---------------------------------------------------------I ATTERBURG LIMITS: LL: 44.0 PL: 21. 9 PI: 22. 1 SHRKG: 13.0% I MUNSEL COLOR CHART: 5/4 YELLOWISH BROWN CLAY I Uut }F L/3 J PAGE 2 APPROVAL: l JERI ROUTING DATE TESTED: 08-27-99 JOSEPH GAGLIARDI DATE REPORTED: 09-01-99 ABE CALDERON TESTED BY: SOIL LAB BRYAN BECK FILE s-� PROJECT DESIGNATION SIGN 1 114" 41' Citu o Fort Wort T i A 11/4 s v2' B' 1► 1' A1 ro'ect Title - 4' P 11/2 1 Contractor: In =In° I Contractors Name 4=0' T f/4' o 3"11 Scheduled Completion Date r 1 l/= Ye C!r r s. 1 V2' 4'0' IXM;}MM WHITE (SLUE BACKGROUND W/WHITE LETTERS) LETTERIM61CM Of FORT WORTH-DOOKMAM DEMI 17TALIC PROJECT TITLECONTRACTOR S DATE IN HELVET1Cw 1 . 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CY W W - e 0 O w as Z J 611 - tll 'i K� 7 Ill 111 I� ,� • its k •. `. •i • SII ]l •. /q 4. • • III tn' r" IIS Ill ,. � .• . s &i • Ill •;� .�i at- P. r tt. •• 11'• I� i iii. i! .0 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH, TEXAS Date 03/07/00 1000 Throckmorton, Ft Worth, Tx 76102 NAME OF PROJECT: Storm Drain Improvements in Anglin Drive From Eastland Avenue to Virgil Street. PROJECT NUMBER: C115-020115028908, File No. SD-12 THIS IS TO CERTIFY THAT CONATSER CONSTRUCTION, INC. P O BOX 15804, FT WORTH, TX 76119 (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workers' Compensation WC 3 064 807 08/01/99 08/01/00 $500,000./500,000./500,000. Comprehensive General Bodily Injury: Liability Insurance CLP 3 064 809 08/01/99 08/01/00 Ea. Occurrence: $ 11000,000. (Public Liability) Property Damages: Combined Single Ea. Occurrence: Limit Blasting Ea. Occurrence: $ Collapse of Buildings of structures adjacent CLP 3 064 809 08/01/99 08/01/00 Ea. Occurrence: $ 1,000,000. to excavations Combined Single Limit Damage to underground CLP 3 064 809 08/01/99 08/01/00 Utilities Ea. Occurrence: $ 1,000,000. CSL Builder's Risk Bodily Injury: Comprehensive CAP 3 064 804 08/01/99 08/01/00 Ea. Person $ 1,000,000. Automobile Ea. Occurrence Combined Liability Property Damage: Single Ea. Occurrence: Limit Bodily Injury: Contractural Liability CLP 3 064 809 08/01/99 08/01/00 Ea. Occurrence $ 1,000,000. Property Damage: Combined Ea. Occurrence: Single Limit * Other Umbrella XYZ-000-83884510 1 08/01/99 1 08/01/00 1 $5,000,000. Combined Single Limit Locations covered: Texas Description of operations covered: See above project The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than thirty (30) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than thirty (30) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. Bituminous Casualty Corp. Agency The Sweeney Company *Fireman' s Fund (Casualty Market) Fort Worth Agent P.O. Box 8700 817-457-6700 Address Ft Worth, Tx 76124-0700 Title Authorized Representative THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY & CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGES AFFORDED BY THE POLICIES LISTED HEREIN. CERTIFICATE OF INSURANCE ¢ TO: CITY OF FORT WORTH Date: NAME OF PROJECT: PROJECT NUMBER: IS TO CERTIFY THAT: r } is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: a Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence:$ Property Damage: Ea.Occurrence:$ ..� Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such changetor cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. Agency Fort Worth Agent By Address Title CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096,Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number 0115- 020115028908 P CONATSER CONSTRUCTION,INC. CONTRACTOR By: .dQ A+ Title KaW.la, 10, aaao Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority,on this day personally appeared known to me be the person whose name is subscribed to the foregoing instrument,and acknowledgM to me that he executed the same as the act and deed of Cg,{SUr&ySfyLA. *aAt,Xi&4. for the purpose and consideration rtherein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1.04 day of HP i' ark. 20po Notary#Ubhc in and for the State of Texas JEANE OAKMAN 1 ~ * NOTARY PUBLIC State of Texas Conan.Exp.03-25-2003 Bond No: S260359 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) CONATSER CONSTRUCTION, INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3)UNION INSURANCE CO. OF PROVMENM a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas,hereinafter called Owner,in the penal sum of: ONE HUNDRED FIFTY FOUR THOUSAND EIGHT HUNDRED THIRTY ONE AND 50/100................... ($154,831.50)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for the payment of which sum well and truly be made,we hereby bind ourselves,our heirs,executors,administrators and successors,jointly and severally,fumly by these presents. THE CONDITION OF THIS of OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the of a copy of which is hereto attached and made a part hereof,for the construction of: O-2 Q0 STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET designated as Project No. (s) C115-020115028908, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void;otherwise to remain in full force and effect. F1 PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER,that the said Surety,for value received,hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF,this instrument is executed in 8 counterparts each one of which shall be deemed an original,this the � 2 8 ot�" ATTEST: 2000 CONATSER CONSTRUCTION,INC. (Principal)Secretary PRINC AL 4) BY: j r Conatser Tit e: Pr sident (SEAL) PO BOX 15804 FORT`,VORTH,TX 76119 (Address) UNION INSURANCE C WANY OF PROVIDENCE Witness as to Principal Surety 5327 Wichita St., Fort Worth, TX 76119 Address B ATTEST: (Attorney-' -fact)—(5) Glenna S. Davis (Surety)Secretary P.O. Bax 712 Des Moines, Iowa 50303 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by n Attorney-in-Fact.. Witness as Surety Carolyn Maples 2501 Parkview Dr_, Ste_ #100_ Fort Worth: TX 76102 (Address) F2 Bond No: 5260359 PAYMENT BOND THE STATE OF TEXAS § COUNTY OF TARR.ANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) CONATSER CONSTRUCTION, INC. a (2) Corporation of Texas, hereinafter call Principal, and (3) UNION INSURANCE CO. OF PROVIDENCE , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth,a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of ONE HUNDRED FIFTY FOUR THOUSAND EIGHT HUNDRED THIRTY ONE AND 50/100................... ($154,831.50)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly to these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner,dated the day of A.D. ,2000,a copy of which is hereto attached and made a part thereof,for the construction of:: MAR 2 8 2000 STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET Project No. (s) C115-020115028908 a copy of which is hereto attached,referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160,Revised Civil Statutes of Texas,supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. w. F10 i THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF,this instrument is executed in 8 counterparts each one of which shall be deemed an original,this the—No 1*r6D.,2000. r lit( i CONN T 0"j1%COI:TSTR;TCTION,INC. ATTEST: 4 BY: r Conatser T.t1e•President (Principal)Secretary PO BOX 15804 FORT WORTH,TX 76119 (SEAL) (Address) . � UNION INSURANCE COMPANY OF _PROVIDENCE Witness as to Principal 5327 Wichita Street BY �. Fort Worth, TX 76119 (Attorney-in- act) Address Glenna S. Davis ATTEST: (Address) P. 0. Box 712 (Surety)Secretary Des Moines, Iowa 50303 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be `- (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. Witness as to S ety Caro*n Maples 2501 Parkview Dr. , Ste. , # 100, Fort Worth, TX 76102 (Address) Bond No: S260359 MAINTENANCE BOND R THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That (1) CONATSER CONSTRUCTION. INC.as Principal, acting herein by and through (2) its duly authorized and (3) UNION INS. CO. OF PROVIDENCE a corporation organized under the laws of the State of TEXAS, as 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, at Fort Worth, in Tarrant County,Texas the sum of ONE HUNDRED FIFTY FOUR THOUSAND EIGHT HUNDRED THIRTY ONE AND 50/100................... ($154.831.50) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth 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, E MAR 2 8 2000 WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, the performance of the following described public work and the construction of the following described public improvements: STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL fi STREET of same being referred to herein and in said contract as the Work and being designated as project C115- 020115028908and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein;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 the period One (1) Year after the date of the final j 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 One(1)Year;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 Water Department of the City of Fort Worth, it be necessary;and, s WHEREAS,said Contractor binds itself,upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void,and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS,all parties covenant and agree that if any legal action be filed upon this bond,venue shall lie in Tarrant County,Texas;and, IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be deemed an original,dated MAR 2 8 2000 ATTEST: (Principal)Secretary (Seal) CONATSER CONSTRUCTION,INC. PRINCIPAL(4) BY: rry Conatser TitlePre s ident L PO BOX 15804 FORT WORTH,TX 76119 J� (Address) Witness as to Principal 5327 Wichita Street UNION INSURANCE COMPANY OF PROVIDENCE Fort Worth, TX 76119 �rety (Address) B ATTEST: (Attomey-in-fa )(5) - Gle a S. Davis, P. 0, Box 712 (Address) Des Moines, Iowa 5030: (Surety)Secretary NOTE: Date of Bond must not be prior to date of Contract (SEAL) (1) Correct Name of Contractor (2) A Corporation,a partnership or an Individual,as case may be (3) Correct name of Surety 00 (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attomey-in-Fact. Carolyn Ma s Witnesslis to Surety 2501 Parkview Dr., Ste. 4100 Fort Worth, TK 76102 F6 EMC Insurance Companies N r� 2 P.O.Box 712•Des Moines,Iowa 50303 V�' O G G CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7. The Hamilton Mutual Insurance Company,an Ohio Corporation 4. Illinois EMCASCO Insurance Company,an Illinois Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint CATHY VINSON,VICKIE A. HOUARA, GWEN W. BIEHLER, MICHAEL A. DELABANO, RICK BONDUARNT, GLENNA S.DAVIS, INDIVIDUALLY FORT WORTH,TEXAS ,................................-........................I........................... .,, .,.• t.. .,..+ .,,, As true and lawful attorney-in-fad,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS................................................................................I..................($10,000,000.00) amd tabind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the apis of.said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2002 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:Time President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(2)to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her.AttomeysAn-fact shall have power and authority,subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company,and to attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company,shall be valid and binding upon the Company with the same force and affect as though manually affixed. W!V'ftE88 t11tEtEOF;ttt0 Companies have caused these presents to be s' day of Wd for each by their officers as shown,and the Corporate seals to be hereto affixed this :.. '. .._ . 1999 Seats / �J "-,, Bruce G.Kelley,Chairman Donald L.Coughenn er ..... , ,,,P4N�E cv,o ,,�e�v,a�qs,, of Companies 2,3,4,5 8 6;President Assistant Secretary (p�+�Pppp''•.,C -hJ,•OpPOq •, y% Q. OpPORq' G of Company 1;Vice Chairman and SEAL -;= :Z= 1863 T; �'_ 1953 - CEO of Company 7 s2% :ate: to: + On thir28th day of April AD 1399 before me a SUNA y�E'.,,. . NSURgA�' �,0ruAl Notary Public in and for the State of Iowa,personally appeared Bruce G:Kelley and Donald X00 ,`O9p ORq'�,, L.Coughennower,who,being by me duly swom,did say that they are,and are known to me - to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, SEAL t c ?Y: SEAL SEAL o, respectively, of each of The Companies above; that the seals affixed to this instrument are P o. �; b•,, . . ' the seals of said corporations;that said instrument was signed and sealed on behalf of each °'., /owa '•:"OArHOPKO�P •%.r�o61,10�,•'- of the Companies byauthority of their respective Boards of Directors; and that the said Bruce G. Kelley and Donald L. Coughennower,as such officers,acknowledge the execution UTU of said instrument to be the voluntary act and deed of each of the Companies. IMy Commission Expires Septet 2000. 1 RUTA KRUMINS •,, MY COMMISSION EXPIRES ...+ September 30,2000 Notary Pubic in and for the State of Iowa CERTIFICATE I,David L.Hixenbaugh,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies,and this Power of Attorney issued pursuant thereto on April 28, 1999 on behalf of Cathy Vinson, Vickie A. Houara, Gwen W.Biehler, Michael A.Delabano, Rick Bondurant,Glenna S.Dvl$1 are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this slayof , Vice-President 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_dVAR 2 8 2 nA.D., 19--, 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 I Vh 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, CONATSER CONSTRUCTION,INC. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: STORM DRAIN IMPROVEMENTS IN ANGLIN DRIVE FROM EASTLAND AVENUE TO VIRGIL STREET 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 Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. 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 Department of Engineering 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 Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of FORTY(40) WORKING DAYS. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions,there shall be deducted from any monies due or which may thereafter become due him,the sum of$ TWO HUNDRED TEN DOLLARS (5210.00) 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 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 in;ury, dama-e or death is caused, in whole or in Part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a) submits to Owner 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 Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and 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 Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment 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 FOUR THOUSAND EIGHT HUNDRED THIRTY ONE AND 50/100................... ($154,831.50) 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 Department of Engineering. 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 copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 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 8 counterparts with its corporate seat attached. MAR 2 8 2000 Done in Fort Worth,Texas,this the day of ,A.D., 19 RECOMMENDED: CITY OF FORT ORTH DIRECTOR;DEPAR fMENT OF f- CITY MANAGIfR ENGINEERING APPROVED,;,, TRANSPORTATION/PUBLIC WORKS DIRECTOR a ♦TTT[T_ f f/ CONTRACTOR AR SEC CITY va a a varves . 00, (SEAL) BY: i 1 TITLE qqAPPROVED AS TO FORM AND °Jr Fr O r h 7 ID I LEGALITY: ADD SS ASSIST c=ATTORNEY November 1960 /pig Tot Revised May 1986 °.'ontract Authorization Revised September 1992 „�j- .2 (� o fflc kd ��C ND c-G���'R('[ G1MI� P 90 UU n�n1ir!1.H9 71�a EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidderro oses to sublet in case of Award of P P Contracts including amount and type: EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner rAward r List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion r List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety