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HomeMy WebLinkAboutContract 25740 ITY SECRETARY " ONTRACT NO. 1lII�CaP1I� SPECIFICATIONS CONNACn 000. AND :zcwxcmw r WYMANAQin pM �. CONTRACT DOCUMENTS FOR .......-- SURFACE WEDGE MILLING (2000) AT VARIOUS LOCATIONS IN THE CITY ,OF FORT WORTH , TEXAS PROJECT NO . GGO1-0208001 2000 KENNETH L . BARR BOB TERRELL MAYOR CITY MANAGER r HUGO A. MALANGA, P .E . , DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P .E . , DIRECTOR DEPARTMENT OF ENGINEERING VOL PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT °F• ENGINEERING COORDINATION * ' •'• * * .* • NAAS N. FARES EXHIBIT "A" -o' • •316 ' rvl, RECORD 'i5 City of Fort Worth, Texas IMayoc and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 3/7/00 **C-17899 20DUSTROL 1 of 1 SUBJECT AWARD OF CONTRACT TO DUSTROL, INC. FOR SURFACE WEDGE MILLING 2000 AT SPECIFIED LOCATIONS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Dustrol, Inc. in the amount of$185,125 for one year for surface wedge milling at specified locations. DISCUSSION: As part of the Annual Major Maintenance Program, the Transportation and Public Works Department contracts out the wedge milling process to prepare streets for the in-house overlay program. The streets included in this contract are shown on the attached document. This project is located in COUNCIL DISTRICTS 4, 6, 7, 8 and 9. This project was advertised for bid on December 23 and 30, 1999. On January 20, 2000, the following bids were received: BIDDERS AMOUNT Dustrol, Inc. $185,125 Sutton & Associates, Inc. $209,500 The low bidder, Dustrol, 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%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) AMOM Mike Groomer 6140 CITY COUNCIL Originating Department Head: Hugo Maianga 7801 (from) MR 7 MW GG01 T 539120 0208004 $185,125.00 y Additional Information Contact: �l Cita Secretary of the Hugo Malanga 7801 city of Fort worth;T,-a SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SURFACE WEDGE MILLING (2000) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GG01-0208001 2000 A. DOUGLAS RADEMAKER, P.E. ATE DIRECTOR, DEPARTMENT OF ENGINEERING 1 ZI zo GEORGE A. BEHMANESH, P.E. DATE ASSISTANT DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT DOO RIM, P.E. DATE CAPITAL PROJECTS ENGINEER, WATER DEPARTMENT (2 Z[ l y9 JOE TERNUS, P.E . DATE ASSISTANT DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT TABLE OF CONTENTS 1 . Notice to Bidders 2 . Special Instructions to Bidders 3 . Prevailing Wage Rates 4 . Proposal 5 . Vendor Compliance 6. Disadvantaged Business Enterprise 7 . Special Provisions 8 . Contractor Compliance with Worker' s Compensation Law 9 . Certificate of Insurance 10 . Performance Bond 11 . Payment Bond 12 . Contract 13 . Details SPECIAL INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. 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. s In order for a surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.S.Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. 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 s 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. P. r 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 601g,Texas Revised Civil Statutes,the City of Fort .�, Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner #, has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923,as amended by Ordinance 13471,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORRVI("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 PM OW 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. P& 11. AWARD OF CONTRACT:Contract wiR 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%retain age)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("subcontractor"in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or pa delivering equipment or materials,or providing labor,transportation,or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. ' b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4M 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 P, 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 r 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. 1, 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 changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the P, 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. F, 16. AGE DISCRIMINATION:In accordance with the policy("Policy")of the Executive Branch of the a 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. r pe Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. i~ Revised March 15, 1996 r M+ i ps CITY OF FORT WORTH HIGHWAY CONTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFACTION HOURLY RATE 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 F ASHPALT 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 IR 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 FRONG END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER 10.30 MOTOR GRADER OPERATOR FINE GRADE 11.97 MOTOR GRADE OPERATOR 10.96 1 CITY OF FORT WORTH HIGHWAY CONTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFACTION HOURLY RATE 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 10.58 TRACTOR-PNEUMATIC 9.15 TRAVELING MIXER 8.83 WAGON-DRILL,BORING MACHINE 12.00 REINFORCING STEEL SETTER PAVING 13.21 REINFORCING STEEL SETTER STRUCTURES 13.31 STEEL WORKER-STRUCTURAL 14.80 SPREADER BOX OPERATOR 10.00 WORK ZONE BARRICADE 7.32 TRUCK DRIVER-SINGLE AXLE LIGHT 8.965 TRUCK DRIVER-SINGLE AXLE HEAVY 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 2 P R O P O S A L TO: MR, BOB TERRELL Fort Worth, Texas City Manager Fort Worth, Texas FOR: SURFACE WEDGE MILLING (2000) AT VARIOUS LOCATIONS PROJECT NO. GG01-0208001 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 150,000 L.F. Wedge Milling 2" to 0" Depth 5.0' Wide @ nDollars & _ _Cents Per L.F. S.P. 2 125 Ea. Butt Joint-Milled @ Two X "�ollars & Cen s Per Ea. $ ,x,,25 0 n $ ya 1p I AS.C30 S.P. 3 14 Ea. Mobilization @ Five-Hundred Dollars & No Cents Per Ea. $ 500.00 $ 7,000.00 a=. TOTAL BID $ 5 _ /Z S. Qa _ P-1 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) , prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within One (1) _ year from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of 9/./ &..Jl/ 14#14ckE� Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. I (we) , acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Respectfully submitted, Addendum No. 2 (Initials) Addendum No. 3 (Initials) By: Address: 116n W . y4,_. 1/41 (Seal) Date: SA Al . -J-4/L.i .2 p-_-2.0 ) Telephone: �� �5 O - 3 4-� P-2 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as a low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give-state), our principal place of business are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. ❑ Bidder: Company By (Please Print) 36 Address Signature City/State/Zip Title (Please Print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 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 MIWBE 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 (MM/BE) 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 MM/BE firms to a level comparable to the availability of MNVBEs that provide *■ goods and services directly or indirectly to the City. NIMBE PROJECT GOALS The City's MBE/WBE goal on this project is ' % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or; s 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 PP CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. P& Any questions, please contact the M/WBE Office at(817) 871-6104. yk Rev.6/2/98 ATTACHMENT 1A City of Fort Worth Page 1 of 2 Minority and Women Business Enterprise Specifications MBEIWBE UTILIZATION t� _rA®/t PRIME COMPANY NAME BID DATE S r...AdA44 i!��n� ,/Tl;!/ .L4 d D GG a/ -- o Lc PROJECT NAME PROJECT NUMBER CITY'S MAYBE PROJECT GOAL: e i WBE PERCENTAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Manag(n DeP artment 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. i,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(*) v O o m '' z od x NF- x ..�. _ V 7.1E /5T __ A 'W; ,Z-449..1_TA - '24.B2.Q 5 AX iry MMBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. (') Specify all areas 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 MrWBE goal. !••)Identify each Tier level. Tier.Means the level of subcontracting below the prime contractor/consultant,(.e.,a direct payment from the prime contractor to a subcontractor is considered 1"tier,a payment by a.subcontractor to i Its supplier is considered 2"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.612198 Pages 1 and 2 of Attachment 1A must be received by the Managing Department 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 A11 Contracting Specify All Items to be Dollar Amount Address,and Telephone No. a r- Scope of Work(•) Supplied(o) r� oo a cCLd Z x U) �I rhe 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 nrill 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 °�:ontract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, Rate or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach ontract may result in a determination of an irresponsible offeror and barred from participating in City work .1tr o o 'me not less than one (1)year. LL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD kuthori Si nature Printed Signa re Title Contact Name and Title (if different) /- /AJ el Company Name Tele— pone Number/(s) /' a %ddress Fax Number .GraAw10�E ,��t 7GaZ�.Z '7-lty/State2ip 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.6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY if the total dollar.vatue-ofthe 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 MinorityNVomen Business Enterprises (MNVBE) 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 MNVBEs that provide goods and services directly or indirectly to the City. MNVBE PROJECT GOALS The City's MBEIWBE goal on this project is ' %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated MNVBE 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 M/WBE Office at(817) 871-6104. Rev.612198 AT City of Fort Worth � � f Minority and Women Business Enterprise Specifica i n�AN 2 6 ZOOO Prime Contractor Waiver B Prime Company Name Project Name SA..,L.it e;e 260 .2-eyse5 Coca O/ -957-0 '&45e 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 Jorm in its entirety and be received by.the.Managing Department on or before 5:00 a.ni., five 45)'City business days after bid opening, exclu""sive 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 ✓flo 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 w--"N o 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 deter ' tion of an irresponsible offeror and barred from participating in City work for a period of e of Se s than one (1)year. A ized �ignature Printed Sign ure i ,C.1 Titl Oj°Q• Contact Name (if different) 7� -V-30 - 3 9 5 Company Name Contact Telephone Number (s) Ad r Fax Number w TiBe� �•y C Aut i7- ignature Company Name Rev.612198 M/WBE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works Official Date: / / Official Time: Bid Date: AAA Project Name: �S Project Manager: Forms Submitted By Name: Company: N1 J Received By. r CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR: SURFACE WEDGE MILLING (2000) AT VARIOUS LOCATIONS PROJECT NO. GGO1-0208001 1. SCOPE OF WORK: The work covered by these details and specifications consists of wedge milling of existing pavement as described in the Special Provision of these specifications. The work shall include all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. Work will be per as needed basis as requested by the Street Superintendent or his designated representative. The Contractor shall mobilize within 48 hours of receiving request from the Street Superintendent or his designated representatives. The contractor is encouraged to conduct site visits and survey all these possibilities. The contractor shall verify these locations with the Street Superintendent or his designated representative. For street locations see list at the back of this document. Additional Streets may be added, location will be determined in the field. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. �. 2. Contract will be awarded to the lowest responsible and responsive bidder. 3. The 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. SP-1 • 4. This contract and project are governed by the tow following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN r CONSTRUCTION-CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION- NORTH CENTRAL TEXAS A copy of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 5. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. V 6. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 7 . 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 "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways" , codified as Article 6701d Vernon' s Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. SP-2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Dustrol,Inc. certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Surface Wedge Milling(2000) at Specified Locations project number G01-0208004. ills, By: Brian Hansen ?' vice-Pres Operations Title Date STATE OF 9F]RN*S Kv- LY5a5 3 COUNTY OFTAPA>b4� {6r 3 r BEFORE ME, the undersigned authority, on this day personally appeared —6 r t a ,) a.� , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed ofy i� Pre s td�_��- C)ner a. l n for R the purposes and considerations therein expressed and in the capacity therein stated. rt GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1'1 th day of LISA A. HENDRICKS Notary Public in and for the State of Te*e4Wy3a5 Notary Public-State of Kansas My Appt. Expires 2- 10-0;z- (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. �. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. A-AMORMOM.FRM CORD,.: DATE MM:DD»:.>:.;:.:,'i ( / / .. CV rM F � �i7!': � " ... .IAE ';; 20-MAR-2000 r..PRODUCER;;;::.;.......................................................-................................. 33780 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis of Kansas,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 300 West Douglas HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O.Box 2697 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wichita KS 67201-2697 COMPANIES AFFORDING COVERAGE (316)264-5311 32298-001 (WICHI COMPANY National Union Fire Insurance Company of LA Marilyn A.Dugan,CPIW A INSURED 21113-001 (WICH) COMPANY United States Fire Insurance Company B 23841-003 (WICH) Dustrol,Inc.J COMPANY New Hampshire Insurance Company PO Box 309 Towanda KS 67144-0309 COMPANY ............D........... ................ . .................................. .:: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY GL9330470 01-MAY-1999 01-MAY-2000 GENERALAGGREGATE $ 2,000,000 J X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP OP AGG $ 2,000.000 CLAIMS MADE 1XI OCCUR PERSONAL&ADV INJURY $ 1,000,000 till OWNER'SBCONTRACTOR'SPROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Anyone fire $ 100,000 MED EXP(Any oneperson) 5.000 A AUTOMOBILE LIABILITY CA8260318 01-MAY-1999 f 01-MAY-2000 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO CA8260320 TX 01-MAY-1999 01-MAY-2000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ r- GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE B EXCESS LIABILITY 5530704588 01-MAY-1999 01-MAY-2000 EACH OCCURRENCE $ 2,000,000 X UMBRELLA FORM AGGREGATE $ 2,000,000 OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND RMWC7083104 01-MAY-1999 01-MAY-2000 WC STAT- OT TORY J EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 500.000 THE PROPRIETOR/ X PARTNERSJEXECUTIVE INCL EL DISEASE-POLICYLIMIT $ 500,000 OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE 500,000 OTHER J r-- DESCRIPTION OF OPERATIONS/LOCATIONSJVEHICLESISPECIAL ITEMS RE : Surface Wedge Milling (2000) , at Specified Location Certificate holder and architects are additional insureds on general liability as respects the above job. 'EF:FiT T£::#10L1 i:::::::::.. .......... .... .....:...:.:.......::.............;:: ..:............f1.i..4FL.UZ`#t ..::..... @P11Q.Ai Y644 ++$1jL.1......::.;:.::.: . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE F EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fort Worth BUT FA TO N TK7E SH L IMPOSE NO OBLIGATION OR LIABILITY 1000 Throckmorton Street ANY U N E PA ITS AGENTS OR REPRESENTATIVES. Fort Worth TX 76102 A TH R ES TAT E _ I AOOEiE72��- . #0 '<::;.>:: ':::>: ....:........::::.... ..:.... ..:..............................AOOi1DCORI A'flf31i.1 .... PERFORMANCE BOND 408517014 THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENT: That we (1)Dustrol,Inc. (2) Company of Texas hereinafter called Principal and (3) Fidelity and Deposit empany of Maryland a corporation organized and existing under the laws of the State and au orized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal a_ corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of- One £One Hundred Eighty FiveThousand,Onee Hundred Twenty Five Dollars &No Cents $185, 125.00 J f Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators,and successors,jointly and severally,firmly by these presents. ■ THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 7th day of January , 2000 , a copy of which is hereto attached and made a part hereof, for the construction of. SURFACE WEDGE MILLING (2000) AT SPECIFIED LOCATIONS designated as Project Number GG01-0208004 , a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies 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, specification, and contract document 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. PROVIDED FURTHER, that if any legal action be 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 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 or to the specifications. Ir. AMPERBOND.FRM 408517014 IN WITNESS WHEREOF, this instrument is executed in 6 Counterparts each one of which shall be deemed an original,this the 7th day of March .2000. DUSTROL, INC. Principal(4) ATTEST: - (Principal) SecretaryC ,�>(-��g Brian Hansen jNd'"'"' Yice-P�es. OPerOns (Printed Name/Title) (SEAL) ADDRESS CITY/STATE/ZIP 300 Saint Paul Place Fidelity and Deposit Company of Maryland (Address) (Surety) Baltimore, MD 21202 ATTEST: - (Surety) Secretary B • y (Attorney-in-Fact)(5) (SEAL) Dorothea D. Harrison (Printed Attorney-in-Fact) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (1) Correctname of Contractor (2) A Corporation,a Partnership or and Individual,as case may be (3) Correct Name of Surety (4) If Contractor is partnership all Partners should execute bond (S) A true copy of Power of Attorney shall be attached to bond by Attorney-in-Fact A:\4PERBOND.FRM PAYMENT BOND 408517014 THE STATE OF TEXAS BOND NO. 141503264 COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we, Dustrol, Inc. a corporation of Tarrant County, Texas hereinafter called Principal and (3) Fidelity and Deposit Company of Maryland of 9___ 1 , , a corporation organized and existing under the laws of the State and JP lly 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 persons, 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 Eight Five Thousand,One Hundred Twenty Five Dollars & No Cents $185,125.00 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 bind ourselves, our heirs, executors, administrators and successors jointly and severally,firmly by 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 7th day of January ,2000, a copy of which is hereto attached and made a part hereof,for the construction of: SURFACE WEDGE MILLING (2000) AT SPECIFIED LOCATIONS designated as Project Number GG01-0208004 copy of which contract 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"works". NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 of the 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. THIS 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, and 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 specification 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 the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall AA5PAYB0ND.FRM //08517014 abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESSETH WHEREOF,this instrument is executed in 6 counterparts,each one of which shall be deemed an original,this the 7th day of March .2000. DUSTROL, INC. Principal (") ATTEST: BY: (Principal) Secretary[o#-*roj5 Brian Hansen P"Cl"1 Vice-Pres OTerations (Printed Name/Title) (SEAL) O. 6Dk 3 09 ADDRESS —Tc—>wa4x1�, J�� 1..-7/4!t CITY/STATE/ZIP 300 Saint Paul Place Baltimore, MD 21202 Fidelity and Deposit Company of Maryland (Address) (Surety) ATTEST: L (Surety) Secretary By: � (Attorney-in-Fact)(5) Dorothea D. Harrison (Printed Attorney-in-Fact) (SEAL) Witness as to Sue Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation, a Partnership or and Individual,as case may be (3) Correct Name of Surety (4) If Contractor is Partnership all Partners should execute bond Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by F. L. BORLEIS, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of th Laws of Company, which are set forth on the reverse side hereof and are hereby certified to be in full f d elle e date hereof, does hereby nominate, constitute and appoint Bruce Pearson, David W. Delker ald D. , Dorothea D. Harrison, Kathleen A. Snyder,Tim H.Heffel,Marcia Frazier,Debra J.Tho eggy A. nd Diana L.Rose,all of Wichita,Kansas, EACH its true and lawful agent and Attorney-in-Fac e, exec al and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and makings a execution of such bonds or undertakings in pursuance of these presents, shall be as binding u d Come fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged regular elated officers of the Company at its office in Baltimore, Md., in their own proper persons. This pow ttomey s that issued on behalf of Shirley A. Timmons, Bruce Pearson, David W. Delker, Donald D. De<. orotheal arrison, Kathleen A. Snyder, Tim H. Heffel, and Marcia Frazier,dated June 8, 1998. The said Assistant Secretary does A certify to extract set forth on the reverse side hereof is a true copy of Article VI,Section 2,of the By-Law 'd Com ,and is now in force. IN WITNESS WHEREOF, the said Vice-Pr t and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FII AND DEPOSIT COMPANY OF MARYLAND, this 4th day of Janu26y,A.D.2000. ATTEST: FIDELITY AA EPOSIT COMPANY OF MARYLAND Pg. IL } E � By: T.E.Smit h Assistant Secretary F.L.Borleis Vice-President State of Maryland ss: County of Baltimore On this 4th day of January, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissiorred and qualified, came F. L. Borleis, Vice-President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the sea! affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Qx Car01 J. Fa r Notary Public My Commissi Expires: August 1,2000 L1428-076-6662 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made.„heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Compidi�,shall bt valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal-of the-said Company,this _0A day of _A�ldlcmt.�[P.tQ�;U CITY OF FORT WORTH, TEXAS ''^"'TRACT vvwi THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT THIS agreement made and entered into this the 7th day of March 2000 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Dustrol, 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: SURFACE WEDGE MILLING (2000) AT SPECIFIED LOCATIONS Designated as project number, GG01-0208004. 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 all the Plans, Specifications and Contract Documents prepared by the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans, Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. ��� 11� G?�C'JG?DD G-1 Y Ilo U'd lJ'Ci�MD LL��°'o The Contractor hereby agrees and binds himself to commence the construction of said work Am within ten (10) days after being notified in writing to do so by the Transportation and Public Works Department of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 365 calendar days. If the Contractor should fail to complete the work as set forth in the Plans, Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 210.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from theclaimantinvolved, or G-2ffS���V�l�' CR MU-1-MM,Eli i 7 W1nn1F6;S?M MW (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 One Hundred Percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by Contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates_ shall be: One Hundred Eighty Five Thousand, One Hundred Twenty Five Dollars and No Cents $185,125.00 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of the Special Instructions to Bidders of the Contract Documents. 12. J U��J�G�G'sl� V!ELU c`1�D G-3 It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six M counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six 6 counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the 7th day of March 2000. VITY:O FF WR H DUSTROL, INC. (Contractor) ASSISTANT CITY MANAGER APPROYED: BY: epresentative) DIRECTOR, TRANSPORTATION AND PUBLIC WORKS ATTEST: Brian Hansen Vice-Pres n erstions (TITLE) 2AW Z2�t,�� CITY CRETARY -?o 60X 304 (SEAL) (Address) -Tolaa&)cda . KS 1,,Z L(q (City/State/Zip) APPROVED AS TO FORM & LEGALITY: ASSIST CITY AT ORNEY November 1960 L, — / -Zj Z Revised May 1986 contract Authorization Revised September 1992 Revised January 1993 3 - q-00 Revised April 1999 Revised June 1999 Dates G-4 cmv ncnWy r O Z W p N 1 '7 O W • 0 0 r m r Z >' J D: }- o Wzw Q Z OV -j J Q W}—c�1fNZ W do S mZJW(a C7 0 4 W h�OC�F-F� W W S w O � CZW W 10ct -i% LAG(DWC N V "'j W C F-V1 ` a W } F- a V d N W W _ cr O W Q J _ `W 2 Z a ��„ z • O WZ C C LL1 '� C ... �"' V � x iL W .. W z W W t- Z J co it c o N W < W F- J z O 2 13VUlHOO NI ION IOva1N00 Ni ION o o o W f N N O 1 cc I IK � W � Z u Q } h a C - 0] W <t n > r zo W . :j ., C _J W V F U� W 2 s Z - W z W s � 2 _ w o W 07 W J Jw m v N CC F- t- U. W tom- w •J _W y cgN <a (Q� f- Z ONF- F WO N 2,03 d a �.. Qcc a F- 2 = O W 9L x a 'S = C d � h~ xuoao w O Z o w Jj w o 0~ < ~w Z U PO ►-Wn OV < cwoowt ZO t� } O x 3F- j o " a mf- W Z 00 .c F d Z N I— wF= a z �,, � N w ]--UJ 4 O'z W a ,0 J � amFIAJ F-x T cQ U. Wo !- �w �— z D ~ z vsO '� x� cc mN W¢ W � Q W J H o z F- f' F- Z o O W s � 1 � Z Q r W t 2 m W Q cJd W . _j U. =W F"J � 3rz W Chm OQ < — a CC OAJ t = i N F- OAJ W W x y Z J Q W —4 �cr. cr aQ <� WO CC (� CC Z W W }. m _Z(Y O F- O N z F- W 0.z O }.. ZZ O W- . F- F- D m lu J s0 0 W W h- u N ui V W t it or Lj a - z U c� a J _ W = W ~ O W � � � ?c z o =� Zp � < Z �'� cr. hW O t Jvhic�i � z� Y. o W 2 J.. cr o o NF F- Z W0 ?� h -� u _; N tv av •� F. io 000 } W �Q W � 0 VN � �LCW J J T J d h 0 0 M W x a < a It Z W e W e (D m O W B : z J 11 �� .• lig ,•I .��� ' �,, ,1 iii � � � + •' •N III 111 •ti � �., 1 all iii ;• ,� ;���`�� 01 It :1• J� M; • 111 � • •l• •1•• • .•• •h • • 111 In' . ib _ - ::: III • 111 • •!� •a 11 —00 q. 1#. i .1`1 � � i•� III .� l� ,., � it see off ._�, 111 .•• �.'�� �. . i 1 � ~•t..Y,11•!.'� X11 Ill ,� ��� .,.: •�• � '� ' fir•. .) a .�``11 e• �. !'111 •,, 1 r r SURFACE WEDGE MILLING 2000 STREET FROM TO TYPE MAP LM COUNCIL DISTRICT 4 �.. BOULDER LAKE DR LAKE LOUISE RD WILLOW RIDGE RD MOL 65S 0.5 BOULDER LAKE CT LAKE LOUISE RD W CUL-DE-SAC MOL 65S 0.07 BUCKWHEAT CT BUCKWHEAT ST N CUL-DE-SAC MOL 36S 0.1 BUCKWHEAT ST WHITEWOOD DR BUTTONWOOD DR MOL 35V 0.4 CANOGA CIR DEER PARK DR BASSWOOD BLVD MOL 35R 0.2 CHADDYBROOK LA HONEYBEE LA N RIVERSIDE DR MOL 35R 0.3 f CHANDLER LAKE DR GREEN RIVER TRL W CUL-DE-SAC MOL 65S 6.4 DALE HOLLOW RD WILLOW RIDGE RD SUGAR LAKE RD MOL 65T 0.4 FARM FIELD LA DEERPARK DR N RIVERSIDE DR MOL 35R 0.3 FARM FIELD CT FARM FIELD LA S CUL-DE-SAC MOL 35R 0.3 FIRE WHEEL TL BOCA RATON BD S CUL-DE-SAC MOL 65V 0.3 HONEYBEE CT STAGHORN CIR N CUL-DE-SAC MOL 35R 0.1 HONEYBEE LA STAGHORN CIR S WAXWING CIR S MOL 35R 0.3 LIGHTLAND RD DEERPARK DR N RIVERSIDE DR MOL 35R 0.3 MARTHA LA BARRON LA SANDY LA MOL 80B 1.1 MOSS ROSE DR SUNNYBANK DR FIRE HILL DR MOL 36T 0.8 OAKLAND HILLS DR BRIDGE ST BOCA RATON BLVD MOL 65V 2 OAKMONT LN N OAK HOLLOW LA N DEAD END MOL 65U 0.4 SHADOW BEND DR MANZINITA ST BASSWOOD BLVD MOL 35R 0.3 STAGHORN CIR BUTTONWOOD DR N RIVERSIDE DR MOL 35R 0.6 STAGHORN CIR S BUTTONWOOD DR SPINDLETREE LA POL 36J I STAGHORN CIR N SPINDLE TREE LA N BUTTONWOOD DR MOL 35R 0.8 l STRAWBERRY WY LONGSTRAW WY N CUL-DE-SAC MOL 35V 0.6 WILLOW RIDGE CT WILLOW RIDGE RD S CUL-DE-SAC MOL 65S 0.4 i WOODHAVEN BLVD 1-30 SER RD RANDOL MILL RD MOL 65T 2.2 Total District Lane Miles 14.11 iNIOL=(hill Overlay POL=Pulverized Overlay Thursday,December 23,1999 STREET FROM TO TYPE MAP LM COUNCIL DISTRICT 6 ALTAMESA BLVD S HULEN ST WOODWAY DR MOL 103A 6.5 SYCAMORE SCHOOL RD EVERMAN PKWY 1-35W SER RD MOL IOSE 6.5 WILKIE WY 3720 WILKIE WY WAYLAND DR MOL 89V 0.6 Total District Lane Miles 13.56 COUNCIL DISTRICT 7 W NORMANDALE ST N NORMANDALE ST SPUR 580 MOL 73J 3.1 Total District Lane Miles 3.12 COUNCIL DISTRICT 8 VAUGHN BLVD E ROSEDALE ST MLK FRWY MOL 78K 3.4 Total District Lane Miles 3.35 COUNCIL DISTRICT 9 VACEK ST WHITE SETTLEMENT RD WHITMORE ST MOL 62X 0.5 WHITE SETTLEMENT RD HENDERSON ST GREENLEAF ST MOL 62Y 1.1 WOODS AV PAVILLION ST LOCUST ST MOL 63N 0.4 Total District Lane Miles 1.98 GRAND TOTAL 36.12 t MOL=Mill Overlay POL=Pulverized Overlay Thursday,Dcccmbcr 23,1999