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IN THE CITY OF FORT WORTH, TEXAS
PROJECT No. GGO1-0202501
MARCH 2000
KENNETH L. BARR BOB TERRELL
MAYOR CITY MANAGER
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HUGO A. MALANGA, P. E.-DIRECTOR
JOE S.TERNUS, P.E. - ASSISTANT DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPAJ�I
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City of Fort Worth, Texas
4velyor And council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
F 5/9/00 **C-17996 1 20GRAM 1 of 2
SUBJECT AWARD OF CONTRACT TO GRAM TRAFFIC COUNTING, INC. FOR AN ANNUAL
CONTRACT FOR TRAFFIC COUNTS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with GRAM
Traffic Counting, Inc. in the amount of $62,375 for an annual contract for traffic counts.
DISCUSSION:
The 1998 Capital Improvement Program includes funds for preliminary engineering of future projects.
Because of the increased number of requests for speed humps, sidewalks, traffic signals, and other
w traffic studies, staff has been unable to provide traffic counts in a timely manner. This contract will
enable a private traffic count firm to augment City personnel in conducting different types of counts.
The contractor will use its equipment, and traffic data will be compatible with City records. It is
anticipated that the contractor will provide traffic counts at approximately 230 locations for 24-hour
volumes, speeds, classifications, and/or turning movements as directed by the Transportation and
Public Works Department. City staff will use this information to determine the need for various types of
traffic related projects.
The following bid was received on March 30, 2000:
BIDDER AMOUNT CONTRACT TIME
GRAM Traffic Counting, Inc. $62,375 365 calendar days
A waiver of the goal for M/WBE subcontracting requirements was requested by the Transportation and
Public Works Department and approved by the M/WBE Office because the purchase of services is from
sources where subcontracting or supplier opportunities are negligible.
It is anticipated that traffic counts will be performed in ALL COUNCIL DISTRICTS.
w ,
City of Fort Worth, Texas
"agar and council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/9/00 **C-17996 20GRAM 2 of 2
SUBJECT AWARD OF CONTRACT TO GRAM TRAFFIC COUNTING, INC. FOR AN ANNUAL
CONTRACT FOR TRAFFIC COUNTS
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) `�pppppp
Mike Groomer 6140 AMOVO
Originating Department Head: CITY COUNCIL
Hugo Malanga 7801 (from) MAY 9 2000
C115 531200 020115035527 $62,375.00
Additional Information Contact: -�
City Secretary of tA*
Hugo Malanga 7801 City of Fort Worm Tons
ADDENDUM 1
City of Fort Worth
Transportation/Public Works Department
ANNUAL CONTRACT FOR TRAFFIC COUNTS
RELEASE DATE: Friday, March 17, 2000
BID DATE: Thursday, March 30, 2000
The following additions shall be made to the appropriate sections of the plans
and specifications and shall become a part of the Contract Documents. Bidders
shall acknowledge receipt of this addendum on the bid proposal and on the
outside of the sealed envelope.
PART B — PROPOSAL:
Replace the Proposal with the attached Proposal Form.
PART D — SPECIAL PROVISIONS:
30.CONSTRUCTION:
DESCRIPTION OF PAY ITEMS:
Delete the existing Description of Pay Items and insert the following in its
place:
"PAY ITEMS:
The City of Fort Worth will furnish traffic counting equipment for this project. The Contractor
shall provide tubes, fasteners, and all other labor, equipment, mileage, tools, and incidentals
necessary to complete the work.
Any City of Fort Worth equipment damaged during use by the Contractor shall be repaired
or replaced at the Contractor's expense. General Liability Insurance coverage for Property
Damage is required in the amount of$300,000 each occurrence.
The City shall have the right to increase or decrease of the extent of the work, and make
changes and alterations in the quantities and locations of work as may be considered
necessary or desirable, and such changes and alterations shall not be considered as a
waiver of the conditions of the contract, nor shall they invalidate any of the provisions
thereof. The Contractor shall perform the work as increased, decreased, or substituted with
no allowances will be made for any anticipated profits. Payment to the Contractor for
contract items will be made for the actual quantities of work done and material furnished at
the unit prices set forth in the contract.
Contractor is responsible for means, methods, and safety during traffic counts. Contractor
shall conduct traffic counts so as to impose a minimum interference to traffic.
Page 1
ADDENDUM 1
The unit price bid for each pay item shall be full compensation for furnishing all materials,
labor, equipment, mileage, tools, and incidentals necessary to complete the work.
All traffic count data shall be provided to the City within 7 calendar days after issue of
the work order. Traffic count data shall be provided to the City in two separate
formats:
1) Paper hard copy.
2) Raw count data in electronic format compatible with computer software used
by the City of Fort Worth Traffic Engineering Department (TimeMark, Lambda
or equivateno.
The Contractor shall prepare a summary of total vehicles by 15-minute increments for
all count locations.
24-HOUR VOLUME COUNTS:
Contractor shall obtain 24-hour counts. Payment shall be made per each counter location.
SPEED COUNTS:
Contractor shall obtain vehicle speed along with 24-hour counts and vehicle classifications.
Payment shall be made per each counter location.
IF In addition to the total vehicles by 15-minute increments, the Contractor shall prepare a
summary report, which will provide as a minimum:
1) Total vehicle volume by hour
2) Average vehicle speed by hour.
3) Number of vehicles by hour by 5-mph speed group.
4) 24 hour 50% speed
5) 24 hour 85% speed.
6) 10 mph pace and number of vehicles within the pace.
VEHICLE CLASSIFICATION COUNTS:
Contractor shall obtain classification counts along with 24-hour counts. Payment shall be
made per each counter location. Summaries shall be in conformance with the FHWA
Vehicle Classification Scheme (see Attachment A).
r
In addition to the total vehicles by 15-minute increments, the Contractor shall prepare a
summary report, which will provide as a minimum:
1) Total vehicle volume by hour.
2) Number of vehicles by type by hour.
3) Number of vehicles by type by 24-hour period.
STANDARD TURNING MOVEMENT COUNTS:
Contractor shall obtain counts and prepare a summary by 15-minute increments. Contractor
shall obtain turning movement counts for seven (7) hours during three peak periods:
7:00 a.m.-9:00 a.m., 11:30 a.m.-1:30 p.m., and 3:00 p.m. -6:00 p.m. (or as determined from
the 24-hour approach counts). The data obtained will be summarized by 15 minute periods
and include as a minimum:
1) Vehicles by turning movement.
2) Pedestrians crossing each leg of the intersection.
Page 2
ADDENDUM 1
Payment shall be made per each study location based on the following schedule:
a.) Intersections with at least one 6 lane (through lanes) roadway. (Typically two
counters are required.)
b.) Intersections with a maximum of 4 through lanes on any one roadway.
(Typically one counter is required.)
ATTACHMENT A
Summary of FHWA Vehicle Classification Scheme:
This classification scheme was developed by the Federal Highway Administration (FHWA) and
is used primarily for calculating design loadings for the design of roadway pavements and
bridges. This scheme is separated into categories depending whether the vehicle carries
passengers or commodities. Non-passenger vehicles are further subdivided by the number of
axles and the number of units, including both the power unit and trailer units. The FHWA
vehicle classification scheme consists of the following categories of vehicles:
1. Motorcycles
2. Passenger car
3. Other two-axle, four tire, single-unit vehicles
4. Buses (includes two-axle/six-tire vehicles and vehicles with three or more axles)
5. Two-axle, six-tire, single-unit trucks
6. Three-axle, single-unit trucks
7. Four-or more axle, single-unit trucks
8. Four-or less axle, single trailer trucks
9. Five-axle, single trailer trucks
10. Six-or more axle, single trailer trucks
11. Five-or less axle, multi-trailer trucks
12. Six-axle multi-trailer trucks
13. Seven-or more axle multi-trailer trucks
14. Other
In this system, Categories 1 through 4 generally describe passenger vehicles. Although some
light commodities may also be carried, vehicles in these categories generally are not heavy
enough to influence the design of roadway pavements and bridges.
Categories 5 through 7 are for single-unit trucks.
Categories 8 through 10 are for combination vehicles consisting of a power unit and a single
trailer.
Categories 11 through 13 are for combination vehicles consisting of a power unit and two or
more trailers.
'P` Category 14 - "Other' - has been added since there are Automatic Traffic Recording (ATR)
devices, which are programmed to recognize End record standard vehicles in Categories 1
through 13 by their number of axles and axle spacing. However, some non-standard
combinations are not recognizable by the ATR's (e.g., recreational vehicle pulling an
automobile, truck pulling a piece of construction equipment, etc.) and, hence, are classified as
"Other' vehicles for data collection purposes."
Page 3
REVISED —ADDENDUM#1
PROPOSAL
TO: Mr. Bob Terrell
City Manager
Fort Worth, Texas
FOR: ANNUAL CONTRACT FOR TRAFFIC COUNTS AT VARIOUS LOCATIONS
Pursuant to the foregoing"Notice to Bidders",the undersigned has thoroughly examined the plans,specifications
and the site,understands the amount of work to be done,and hereby proposes to do all the work and furnish all
labor,equipment,and materials necessary to complete all the work as provided in the plans and specifications,and
subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the
City of Fort Worth.
Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish
Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work
within the time stated and for the following sums,to-wit:
BASE BID
PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL
ITEM QUANTITY PRICE AMOUNT BID
1. 20 EA 24-HOUR UNI-DIRECTIONAL
VOLUME COUNTS $ $
2. 20 EA 24-HOUR BI-DIRECTIONAL
VOLUME COUNTS $ $
3. 100 EA SPEED OR CLASSIFICATION
COUNTS(TWO-WAY WITH AVG.
DAILY TRAFFIC VOLUME AND 85%
SPEED DATA) $ $
4. 40 EA 4-LEG SIGNAL WARRANT STUDY
COUNTS $ $
5. 25 EA TURNING MOVEMENT COUNTS
FOR ROADWAYS WITH 4 THROUGH
LANES OR LESS $ $
6. 25 EA TURNING MOVEMENT COUNTS
FOR ROADWAYS WITH 6 THROUGH
LANES $ $
TOTAL BID = $
CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL BID.
Initial locations will be provided at the Pre-Job Conference. See Special Conditions.
The City shall have the right to increase or decrease of the extent of the work,and make changes
and alterations in the quantities and locations of work as may be considered necessary or desirable,
tr and such changes and alterations shall not be considered as a waiver of the conditions of the
Proposal B- 1
REVISED -ADDENDUM V
contract,nor shall they invalidate any of the provisions thereof. The Contractor shall perform the
work as increased,decreased, or substituted with no allowances will be made for any anticipated
profits. Payment to the Contractor for contract items will be made for the actual quantities of
work done and material furnished at the unit prices set forth in the contract.
THIS CONTRACT INCLUDES WORK ANYWHERE WITHIN THE CITY OF FORT WORTH,
This contract is issued by an organization which qualifies for exemption pursuant to the provision of
Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act.
Taxes. All equipment and materials not consumed by or incorporated into the project construction,are
subject to State sales taxes under House Bill 11,enacted August 15, 1991.
The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges
at the time of executing the contract.
The Contractor shall comply with City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth
City Code Sections 13-A-21 through 13-A-29),prohibiting discrimination in employment practices.
The undersigned agrees to complete all work covered by these contract documents within Three Hundred
Sixty-five(365)Calendar Days from and after the date for commencing work as set forth in the written
Work Order to be issued by the Owner and to pay not less than the"Prevailing Wage Rates for Street,
Drainage and Utility Construction'as established by the City of Fort Worth,Texas.
Within ten(10)calendar days of receipt of notice of acceptance of this bid,the undersigned will execute
the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract
Documents for the faithful performance of this Contract. The attached bid security in the amount of 5%in
the sum of 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.
The Bidder agrees to begin construction within 10 calendar days after issue of the work order,and to
complete the contract within Three Hundred Sixty-five(365)Calendar Days after beginning
construction as set forth in the written work order to be furnished by the Owner.
(Uwe),acknowledge receipt of the following addenda to the plans and specifications,all of the provisions
and requirements of which have been taken into consideration in preparation of the foregoing bid:
Addendum No. 1 (Initials) Addendum No. 3 (Initials)
Addendum No.2(Initials) Addendum No.4(Initials)
Respectfully submitted:
By:
Title:
Address:
Telephone:
(SEAL)
Date
Proposal B-2
TABLE OF CONTENTS
Part A Notice to Bidders
Special Instructions to Bidders
Part B Proposal
Vendor Compliance to State Law
Part C General Conditions
(See City of Fort Worth Standard Specifications For Street
and Storm Drain Construction, Part I. General Provisions)
Part D Special Provisions
Part E Specifications
Part F Certificate of Insurance and Bonds
Certificate of Insurance
Contractor Compliance With Worker's Compensation Law
a Equipment Schedule
Experience Record
Part G Contract
s
PART A
NOTICE TO BIDDERS
AND
SPECIAL INSTRUCTIONS TO BIDDERS
NOTICE TO BIDDERS
ANNUAL CONTRACT FOR TRAFFIC COUNTS AT VARIOUS LOCATIONS
Bids should be addressed to Mr. Bob Terrell,City Manager of the City of Fort Worth,Texas and will be
received at the Purchasing Office until 1:30 Pill,Thursday, March 30, 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 Transportation and Public Works Department, Second
Floor,Municipal Building, 1000 Throckmorton Street, Fort Worth,Texas. One set of documents will be
provided to prospective bidders for a deposit of$20.00;such deposit. will be refunded if the documents
are returned in good condition within(10)days after bids are opened. Additional sets may be purchased
on a nonrefundable basis for twenty dollars($20.00)per set. These documents contain additional
information for prospective bidders.
A Pre-Bid Conference will be held at 3:00 PINI,Thursdav,March 16, 2000 in Room G14 of the Public
Safety Building(north of Municipal Building). All bidders are encouraged to attend.
rBid security is required in accordance with the Special Instruction to Bidders.
The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid
may be withdrawn until the expiration of forty-nine(49)days from the bid date. A waiver of the k1BE/
IYBE Subcontracting/Supplier Goal has been obtained for this contract.
Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt
of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not
acknowledge receipt of all Addenda may be rejected as being nonresponsive. Information regarding the
status of Addenda may be obtained by contacting the Transportation and Public Works Department at
(817) 871-7800.
For additional information, contact Mr. Mike Weiss at(817)871-8485.
Advertising Dates: March 2,2000 Nlarch 9,2000
SPECIAL INSTRUCTIONS TO BIDDERS
1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth. in an
amount of not less than five(5%)percent of the total of the bid submitted must accompany the bid,and is
subject to forfeit in the event tilt successful bidder fails to execute the contract documents%%ithui tell(10)day,
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.
Bid security will be returned to the unsuccessful bidders after execution of the contract.
2. PAYMENT AND PERFORMANCE BONDS: The successful bidder entering into a contract for the work
%%ill be required to give the City surety in a sum equal to the amount of the contract awarded. In this
connection, the successful bidder shall be required to furnish Performance and Payment Bonds,all in a sum
equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety
shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of
the Revised Civil Statutes of Texas,as amended.
In order for a surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.S.
Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal to ten
times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of
the bond shall not exceed the amount Shown oil the l reasury list or one-tenth(1� 10)of the total capital and
surplus. If reinsurance is required, the company writing the reinsurance must be authorized,accredited or
trusteed to do business in Texas.
No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which
are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory
at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall
immediately provide a new surety satisfactory to the City.
A Payment Bond shall be executed,in the amount of the contract,solely for the protection of all claimants
supplying labor and materials in the prosecution of the work.
A Performance Bond shall also be executed,in the amount of the contract conditioned on the faithful
performance of the work in accordance with the plans,specifications,and contract documents. Said bond shall
solely be for the protection of the City of Fort Worth.
3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the
"General Provisions"of the Standard Specirrcations for Street gird Stornt Drain Construction of the City of
Fort Worth,Texas,concerning liquidated damages for late completion of projects.
4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the
right to adopt the most advantageous construction thereof to the City or to reject the proposal.
5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City
Ordinance No. 7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting=discrimination in
employment practices.
6. WAGE RATES: All bidders will be required to comply with provision 5159a of"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.
Special Instructions to Bidders Page I of 7
7. FINANCIAL STATEMENT: A current certified financial statement is required by the Transportation and
Public Works Department for use by the CITY OF FORT WORTH in determining the successful bidder. This
statement is to be prepared by an independent Public Accountant holding a valid permit issued by an
appropriate State Licensing Agency.
S. 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.
9. NONRESIDENT BIDDERS: Pursuant to Article 60Ig.Texas Revised Civil Statutes, the City of Fort Worth
will not award this contract to a nonresident bidder unless the nonresident's bid is lo»er than the lu»est 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. 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 bt.isiness days atter
the bid opening date. The bidder shall obtain a receipt from the appropriate employee Of the tuiauua;;uiuL,
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.
Special Instructions to Bidders Page 2 of 7
11. ANVARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder based on the total bid
including all base bids and all alternate bids. Contractors are required to submit bids on all Units of the
Proposal Form(Base Bids and Alternate Bids.) 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 NIMBE UTILIZATION FORM, PRIME CONTRACfOR WAIVER FORM and or the GOOD
FAITH EFFORT FORNI("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 Transportation/Public Works Department at(8I 7) 871-7800. Bids that so not
acknowledge all applicable addenda may be rejected as non-responsive.
14. CONTR_4CTOR COMPLIANCE WITH WORKER'S CO%IPENSATION LAW:
A. Workers Compensation Insurance Coverage
1. Definitions:
Certain of coverage f"certificateD.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-92.TWCC-83.or
TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's
employees providing;services on a project, for the duration of the project.
Duration of the project-includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project("subcontractor" in §406.096)-includes all persons or entities
performing all or part of the services the Contractor has undertaken to perform on the project,
regardless of whether that person contracted directly with the Contractor and regardless of whether
that person has employees. This includes, without limitation, independent Contractors,subcontractors,
leasing companies,motor carriers,owner-operators,employees of any such entity,or employees of
any entity which furnishes persons to provide services on the project. "Services"include,without
limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,
or toner services related to a project."Services"does not include activities unrelated to the project,
such as food/beverage vendors,office supply deliveries,and delivery of portable toilets.
2. The Contractor shall provided coverage,based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements,which meets the statutory requirements of Texas
Labor Code,Section 401.011 (44)or all employees of the Contractor providing services on the project,
for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must,.prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
Special Instructions to Bidders Page 3 of 7
5. The Contractor shall obtain from each person providing services on a project,and provide to the
governmental entity:
(I) a certificate of coverage,prior to that person beginning work on the project,so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project;and
(2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the project.
6. The Contractor shall retain all required certificates of coverage for the duration of the project and for
one year thereafter
7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within ten(10)days after the Contractor knew or should have known,of any change that materially
affects the provision of coverage of any person providing;services on the project.
S. 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 statin:how a person may verify coverage and report lack of
coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services on a
project,to:
(a) provide coverage,based on proper reporting on classification codes and payroll amounts and
filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,
Section 401.011 (44)for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the Contractor,prior to that person beginning work on the project,a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project,for the duration of the project;
(c) provide the Contractor,prior to the end of the coverage period,a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts,and provide to the Contractor:
(l) a certificate of coverage,prior to the other person beginning work on the project;and
(2) a new certificate of coverage showing extension of coverage,prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter.
(f) notify the governmental entity in writing by certified mail or personal delivery,within ten(10)
days after the person knew or should have known,of any change that materially affects the
provision of coverage of any person providing services on the project;and
Special Instructions to Bidders Page 4 of 7
(g) contractually require each person with whom it contracts, to perform as required by paragraphs(1)
-(7),with the certificates of coverage to be provided to the person for whom they are providing
services.
10. By signing this contract or providing or causing to be provided a certificate of coverage. the
Contractor is representing to the governmental entity that all employees ol'the Contractor who"ill
provide services on the project will be covered by worker's compensation coverage for the duration of
the project, that the coverage will be based on proper reporting of classification codes and payroll
amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self insured. with the commission's Division of Self-insurance Regulation. Providing false
or misleading information may subject the Contractor to administrative,criminal,civil penalties or
other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor. The Contractor shall 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 mast 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 512-4=40-3789 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.
Special Instructions to Bidders Page 5 of 7
F
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
po concerning disability discrimination in the performance of this Contract.
Revised April 5, 1999
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Special Instructions to Bidders Page 6 of 7
CITY OF FORT NORTH
HIGHWAY CONSTRUCTION
PREVAILING WAGE RATES FOR 1999
CLASSIFICATION RATE CLASSIFICATION RATE
AIR TOOL OPERATOR S9.00 MILLING MACHINE OPERATOR 53.62
ASPHALT RAKER 59.55 MINER(OVER 16 CF) SIU.30
ASPHALT SHOVELER 53.80 MOTOR GRADER OPERATOR(f IN[: S11 97
GRADE)
BATCHING PLANT WEIGHER S11.51 MOTOR GRADE OPERATOR S10,96
! CARPENTER S10.30 PAVEMENT MARKING MACHINE S7.32
CONCRETE FINISHER(PAVING) S10.50 ROLLER,STEEL WHEEL S9.06
(PLANT-MIX PAVEMENTS)
CONCRETE FINISHER(STRUCTURES) S9.83 ROLLER.STEEL WHEEL(OTHER S3-59
(FLATWHEEL OR TAMPING)
CONCRETE RUBBER S8.84 ROLLER,PNEUMATIC SELF- S8.48
PROPELLED SCRAPER
ELECTRICIAN S15.37 SCRAPER S9.63
FLAGGER $7.55 TRACTOR-CRAWLER TYPE 510.58
FORT BUILDER(STRUCTURES) 59.83 TRACTOR-PNEUMATIC S9.15
FORM LINER(PAVING&CURB) 59.00 TRAVELING MIXER S8.83
FORM SETTER(PAVING&CURB) S9.24 WAGON-DRILL.BORING MACHINE S12.00
FORM SETTER(STRUCTURES) 59.09 REINFORCING STEEL SETTER S13.21
w (PAVING)
LABORER,COMMON S7.32 REINFORCING STEEL SETTER S13.31
_ (STRUCTURAL)
LABORER,UTILITY 58.94 STEEL WORKER-STRUCTURAL S14.80
MECHANIC 512.68 SPREADER BOX OPERATOR S10.00
OILER $10.17 WORK ZONE BARRICADE 57.32
SERVICER $9.41 TRUCK DRIVER-SINGLE AXLE $8.965
(LIGHT)
PAINTER(STRUCTURES) SI1.00 TRUCK DRIVER-SINGLE AXLE S9.02
(HEAVY)
PIPELAYER 58.98 TRUCK DRIVER-TANDENI AXLE S8.77
(SEMI-TRAILER)
BLASTER S11.50 TRUCK DRIVER-LOWBOY/FLOAT S10.44
ASPHALT DISTRIBUTOR OPERATOR SIO-29 TRUCK DRIVER-TRANSITMIX S9.47
ASPHALT PAVING MACHINE S10.30 TRUCK DRIVER-WINCH S9.00
BROOM OR SWEEPER OPERATOR 58.72 VIBRATOR OPERATOR(HAND 57.32
TYPE)
BULLDOZER 510.74 WELDER S11.57
CONCRETE CURING MACHINE 59.25
CONCRETE FINISHING MACHINE $11.13
CONCRETE PAVING JOINT MACHINE 510.42
CONCRETE PAVING JOINT SEALER 59.00
® CONCRETE PAVING SAW $10.39
CONCRETE PAVING SPREADER 510.50
SLIPFORM"MACHINE OPERATOR 59.92
CRANE,CLAMSHELL,BACKHOE, $11.04
DERRICK,DRAGLINE,SHOVEL
FOUNDATION DRILL OPERATOR $10.00
(CRAWLER MOUNTED)
FOUNDATION DRILL OPERATOR Sl 1.83
(TRUCK MOUNTED)
FRONT END LOADER 59.96
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Special Instructions to Bidders Page 7 of 7
MAR-23-00 THU 09:10 AM FAX:8718092 PAGE 5
RF,VISE —ADDENDUM #!
PROPOSAL
TO: Mr. Bob Terrell
City Manager
Fart Worth, Texas
FOR; ANNUAL CONTRACT FOR TRAFFIC COUNTS AT VARIOUS LOCATIONS
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 complctc all the work as provided in the plans and specifications,and
subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the
City of Fort Worth.
Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish
Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work
within the time stated and for the following sums,to-wit:
BASS: BID
PAY APPROX. DESCRIPTRA OF'ITEMS UNIT TOTAL,
]ITEM QUANTITY PRICE ,,-.,. -..-AMOUNT BID
1. 20 EA 24-HOUR UNI-DIRECTIONAL
VOLUME COUNTS
1. 20 EA 24-HOUR BI-DIRECTIONAL
VOLUME COUNTS $�O• $_Ago0.
3. 100 EA SPEED OR CLASSIFICATION
COUNTS(TWO-WAY WITH AVG,
DAILY TRAFFIC VOLUME AND 85%
SPEED DATA)
QST....
4. 40 EA 4-LEG SIGNAL WARRANT STUDY
COLTNTS 4 t'?7• $__Z f otv- .
M S. 25 EA TURNING N 0VEMENT COUNTS
FOR ROADWAYS WITH 4 THROUGH
LANES OR LESS �, , ✓�• $
b. 25 EA TURNING MOVEMENT COUNTS
FOR ROADWAYS WITH b THROUGH
LANES _ S 7 101.2
50.
TOTAL BID = S 6Z, 375. '—
CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL BID.
Initial locations will be provided at the Pre-Job Conference. Sec Special Conditions.
The City shall have the right to increase or decrease of the extent of the work,and make changes
and alterations in the quantities and locations of work as may be considered necessary or desirable,
and such changes and alterations shall not be considered as a waiver of the conditions of the
Proposal B- F
AM FAX PAGE 6
REMISED—ADDEND UM#1
contract,nor shall they invalidate any of the provisions thereof. The Contractor shall perform the
work as increased,decreased,or substituted with no allowances will he made for any anticipated
profits. Payment to the Contractor for contract items will be made for the actual quantities of
work done and material furnished at the unit prices set forth in the contract.
THIS CONTRACT INC .1t1DES WORK ANYWHERE WITHIN JHF,CITY OF FORT WORTH
This contract is issued by an organization which qualifies for exemption pursuant to the provision of
Article 20.04(F)of the'Texas Limited Sales,Excise and Use Tax Act.
Taxes. All equipment and materials not consurned by or incorporated into the project construction, arc
subject to State sales taxes under House Bill 11,enacted August 15, 1991.
Ile 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 cont3-act documents within' hree Hunbred
Sixty-five(365)Calendar Days from and after the date for commencing work as set forth in the written
Work Order to be issued by tlx: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)calendar days of receipt of notice of acceptance of this bid,the undersigned will execute
the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract
Documents f t faithful performance of this Contract. The attachd-f security in the amount of 5%in
e
the sum of 9 ��^ ,a'J�•--- 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.
The Bidder agrees to begin construction within 10 calendar days after issue of the work order,and to
complete the contract within Three Hundred Sixty-five(365)Calendar DayZ after beginning
construction as set forth in the written work order to be furnished by the Owner.
(1/we),acknowledge receipt of the following addenda to the plans and specifications,all of the provisions
and requirements of which have been ken into consideration in preparation of the fo going bid;
Addendum No. l (Initials) _ Addendum No. 3(initials)
Addendum No.2(Initials) _ Addendum No.4(initials)
espe fully submitted:
sy: a L
Title: //e'^Je-
Address; lG �T!' m c:�2- it.✓�
7� FS-3 -70JT
,/
(SEAL)
Date �V
.s
IM Proposal B-2
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
be percent lower than resident bidders by State law. A copy of the Statute is attached.
Nonresident vendors in (give State),our principal place of business,are not
required to underbid resident bidders.
B. Our principal place of business or corporate offices are in the State of Texas.
BIDDER:
R<1�r—, ,rte' �vc. By: , C. 14N�' � blit
(Please print)
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Signature:
Title: / �� /U c-,
City State Zip (Please print)
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THIS FORM MUST BE RETURNED WITH YOUR QUOTATION
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F i(: i .at' i 3i�t t< i s:i d.1 3 4v� a
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of
H storicaiiy Underutilized Business
Certification and Compliance Program
>
The General Services Commission (GSC) hereby certifies that
GRAM TRAFFIC COUNTING INC
has successfully met,the established requirements of the
State of Texas' Historically Underutilized Business (HUB)
Certification-and Compliance Program to be recognized as a HUB.
This cortificata, printed 05/06/99,au�dsa any registration and oartMcate pravlouaV land
bl►the fisc'*HUB ceninagon and =arcs Program. K then are any changes ntgardtnp tM
IMorrnatbn P.O., bualnsss structure, owfNrehlp, day-today Ment, operational comm ,
addr*eaea, phone and fax numbers or authorised signatures., -' M the submiselon of the
business' apptloatlon for HUB certification with the GSC, you nwuM Immediately (within 30 days
of Ouch changes) notify th*GSC's HUB Certification and Compliance Pf f In wrttln�� The
Co-neitaMon reserves the -0819%to conduct a compliance review at flora to oonNnn IiU6
ellglbUlty. HUB oertMcatton May be suspended or revoked upon A of Inall9ftitr.
CerMcateNlD Number: 1742883266500
RISIVendor Number: 77936 0 N ro�r m »ctor
99
Date of Approval: 05/04General Services 5ommisslon
Explratlon Date: 05/04/01 (512) 46365872
Now: In order for State agencies and Institutions of higher education (universities)to be credited
for utllistng this business se a HUB, t19*yy must award payment under the CertMicatslVID Nureber
IdsntMsd above. Agencies and universities are encouraged to validee HUB eertiflcstlon prior to
geui a notke of award by aooeesing the IrMernet (http://www.goo.staft.tx.uW)or by oontacting
the DSc's HUB Csrtiflcaibn and Compliance Program at (888) 8634=1 or(SI?) 483-a872.
PART C
GENERAL CONDITIONS
See City of Fort North Standard Specifications For Street and Storm Drain Construction.
PART D
SPECIAL PROVISIONS
SPECIAL PROVISIONS
ANNUAL CONTRACT FOR TRAFFIC COUNTS AT VARIOUS LOCATIONS
TABLE OF CONTENTS
" 1. Scope of Work
2. Contract Award
3. Project Completion
4. Increase or Decrease in Quantities
5. Termination
6. Reference Specifications
. 7. Bid Submittal
8. Warranty
9. Construction Staking
10. Traffic Control
11. Payment
12. Delays
13. Detours and Barricades
F 14. Parkways
15. Disposal of Spoil/Fill Material
16. Zoning Compliance
17. Clearing and Grubbing
18. Final Cleanup
19. Quality Control Testing
20. Property Access
21. Construction Schedule
22. Safety Restrictions—Work Near High Voltage Lines
23. Water Department Pre-Qualification Requirements
24. Right To Audit
25. Trench Safety
26. Subsidiary Work
27. Substitutions
28. Temporary Soil Erosion, Sediment and Water Pollution Control
29. Existing Utilities
30. Construction
Special Provisions D-1
SPECIAL PROVISIONS
1. SCOPE OF NVORK: The work covered by these specifications consists of obtaining traftic counts at various
locations including all other miscellaneous items to be performed which are necessary to satisfactorily complete
the work as outlined in the Specifications.
AWARDING OF CONTRACT AND CALENDAR DAYS:
(a) Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and
recommend to the City Council the best bid which is considered to be in the best interest of the City.
The contract will be awarded to the lowest responsive and responsible bidder.
(b) The number of calendar days shall be 365. This contract shall be an annual agreement and may be
renewed for up to two(2) one-year increments under the same conditions by mutual agreement
of the Contractor and the City.
2. CONTRACT AWARD: Contract will be awarded to the lowest responsive and responsible bidder.
3. PROJECT COMPLETION: The Contractor agrees to complete the Contract within the allotted number of
calendar days. If the Contractor fails to complete the work within the number of working days specified,
liquidated damages shall be charged,as outlined in Part 1,Item 8,Paragraph 8.6 of the"General Provisions"of
the Standard Specification for Construction of the City of Fort Worth,Texas.
4. INCREASE OR DECREASE IN QUANTITIES: It is the Contractor's sole responsibility to verify all pay
item quantities prior to submitting;a bid.
When the quantity of work to be done or materials to be furnished under any major pay item of the Contract is
more than 125%of the quantity stated in the Contract,whether stated by Owner or by Contractor, then either
party to the Contract,upon demand,shall be entitled to negotiate for revised consideration on the portion of
work above 125%of the quantity stated in the Contract.
When the quantity of the work to be done or materials to be furnished under any major pay item of the Contract
is less than 75%of the quantity stated in the Contract,whether stated by Owner or by Contractor,then either
party to the Contract, upon demand,shall be entitled to negotiate for revised consideration on the portion of
work below 75%of the quantity stated in the Contract. This paragraph shall not apply in the event Owner
deletes a pay item in its entirety from this Contract.
A major pay item is defined as any individual bid item included in the Proposal that has a total cost equal to or
greater than 5 percent of the original Contract.
A minor pay item is defined as any individual bid item included in the Proposal that has a total cost less than 5
percent of the original Contract.
In the event Owner and Contractor are unable to agree on a negotiated price,Owner and Contractor agree that
the consideration will be the actual field cost of the work plus 15%as described herein below,agreed upon in
writing by the Contractor and Department of Transportation and Public Works and approved by the City
Council after said work is completed,subject to all other conditions of the Contract. As used herein, field cost
of the work will include the cost of all workmen, foremen, time keepers,mechanics and laborers.all materials,
supplies, trucks,equipment rental for such time as actually used on such work only,plus all power, fuel,
lubricants,water and similar operating expenses;and a ratable portion of premiums on performance and
payment bonds,public liability,Workers Compensation and all other insurance required by law or by
ordinance. The Director of the Transportation and Public Works Department will direct the form in which the
accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the
type and kind of equipment to be used but such work will be performed by the Contractor as an independent
Contractor and not as an agent or employee of the City. The 15%of the actual field cost to be paid to the
Special Provisions D-2
Contractor shall cover and compensate him for profit,overhead,general supervision and field office expense
and all other elements of cost and expense not embraced with the actual field cost as herein specified upon
request,the Contractor shall provide the Director of Transportation and Public Works access to all accounts,
bills and vouchers relating thereto.
5. TERMINATION: The City reserves the right to abandon,without obligation to the Contractor,any part of the
project or the entire project at any time before the Contractor begins any construction work authorized by the
City.
6. REFERENCE SPECIFICATIONS: This Contract and project are governed by the following published
specifications(latest edition),except as modified by these Special Provisions:
STANDARD SPECIFICATIONS FOR STREETAND STOR41 DRAIN'CONSTRUCTION".
CIT F OF FORT ff`ORTH
A copy of these specifications may be purchased at the Office of the Department of Transportation and Public
Works, 1000 Throckmorton Street, 2"'Floor,Municipal Building, Fort Worth,Texas 76102. The applicable
specifications are indicated on the plans and in the Contract Documents. General Provisions shall be those of
the City of Fort Worth document rather than Division 1 of the North Central Texas document.
STANDARD SPECIFICATIONS FOR CONSTRUCTIONOF HIGHIf A}S.STREETS AND BRIDGES,
TEXAS DEPARTMENT OF TRANSPORTATION
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION.
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
1980 TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND
HIGHWAYS
7. BID SUBMITTAL: Bidders shall not separate,detach or remove any portion, segment or sheets from the
Contract Documents at any time. Failure to bid or fully execute Contract without retaining Contract
Documents intact may be grounds for designating bids as"nonresponsive"and rejecting bids or voiding
Contract as appropriate and as determined by the Director of the Transportation and Public Works Department.
8. WARRANTY: The Contractor shall be responsible for defects in this project due to Contractor's faulty
materials and workmanship,or both, for a period of one(1)year from date of final acceptance of this project by
the City Council of the City of Fort Worth. The Contractor will be required to replace at his expense any part
or all of the project which becomes defective due to these causes.
9. CONSTRUCTION STAKING: NA
10. 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 "1930 Texas Manual on Uniform
orm
Tra(rc Control Devices for Streets and Hi;h►vais" issued under the authority of the"State of Texas Uniform
Act Regulating Traffic on Highways,"codified as Article 6701d Vernon's Civil Statues,pertinent sections
being Section Nos. 27,29,30 and 31.
The Contractor will not remove any regulatory sign,instructional sign,street name sign or other sign which has
been erected by the City. If it is determined that a sign must be removed to permit required construction,the
Contractor shall contact the Transportation and Public Works Department,Traffic Services Division(phone
number 871-8100), to remove 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
Special Provisions D-3
permanent sign can be reinstalled the Contractor shall again contact the Traffic Services Division to reinstall the
permanent sign and shall leave his temporary sign in place until such reinstallation is completed.
Contractor is responsible for means, methods, and safety during traffic counting operations.
Contractor shall not park vehicles in such a manner as to obstruct the vision of the traveling public.
Traffic control will not be paid for directly,but shall be considered subsidiary to the various bid items of
the contract.
10. PAYi`IENT: The Contractor will receive full payment from the City for all work as described in the Special
Instructions to Bidders.
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 information or
material, if any,which is to be furnished by the City. When such extra compensation is clainmed 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.
13. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a
minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic
within the project area. Contractor shall be responsible for installing all construction signs.signals,and
markings necessary to provide adequate traffic controls for purposes of construction.
Barricades,warning and detour signs shall conform to the Standard Specifications"Barriers and Warning
and'or Detour Signs," Item 524 and/or as shown on the plans. The furnishing,placing,and maintaining of
barriers and warning and/or detour signs by the Contractor will not be paid for directly,but shall be considered
subsidiary to the various bid items of the contract.
Construction signing and barricades shall conform with"1930 Texas Manual on Uniform Traffic Control
Devices,Vol.No. l."
14. PARKWAYS:NA
15. DISPOSAL OF SPOIL/FILL MATERIAL:NA
16. ZONING COMPLIANCE:NA
17. CLEARING AND GRUBBING:NA
18. FINAL CLEANUP: Final cleanup shall be completed as soon as the traffic counts have been completed at
each location.
19. QUALITY CONTROL TESTING: The Contractor shall provide manufacturer's certifications for all
manufactured items.to be used in the project and will bear any expense related thereto.
20. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed
by the Engineer.
Special Provisions D-4
21. TRAFFIC COUNT SCHEDULF,:The Contractor shall provide the Engineer with a work schedule chart or
outline prior to beginning traffic counting operations. The schedule shall list all traffic count locations and
anticipated count dates. The Contractor shall update the schedule at least twice a month.
The Contractor can work on Saturdays,Sundays,or Legal Holidays if required by the Engineer's written work
order.
22. SAFETY RESTRICTIONS-NVORK NEAR HIGH VOLTAGE LINES: The following,procedures will be
followed regarding the subject item on this Contract:
When necessary to work within ten feet of high voltage electric lines, notification shall be given the power
company(TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line
or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort
Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service
Company and shall record action taken in each case.
The Contractor is required to make arrangements with the TL' Electric Service Cumpam for the temporary
relocation or raisin,of hi;h'volta�,e lines at the Contractor's sole cost and expense.
No person shall work within ten feet of a high voltage line without protection having been taken.
23. WATER DEPARTMENT PRE-QUALIFICATION REQUIREMENTS:NA
24. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3) years after final
payment tinder 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 daring normal working hours to all necessary Contractor
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance
with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits.
(a) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the
subcontractor agrees that the City shall, tinder the expiration of three (3) years after final payment tinder
the subcontract, have access to and the right to examine and photocopy any directly pertinent books,
documents,papers and records of such subcontractor involving transactions to the subcontract and further,
that City shall have access during normal working hours to all subcontractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the provisions of this
article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of
intended audits.
(b) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The
City agrees to reimburse Contractor for the cost of copies as follows:
1. 50 copies and under $0.10 per page.
2. More than 50 copies $0.85 for first page plus$0.15 for each page thereafter
(c) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this
Contract have access to and the right to examine any directly pertinent books, documents, papers and
records of such subcontractor, involving transactions to the subcontract and further, that City shall have
access during normal working hours to all appropriate work space, in order to conduct audits in compliance
with the provisions of this article. City shall give subcontractor reasonable advance notice of intended
audits."
25. TRENCH SAFETY:NA
Special Provisions D-5
26. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project
such as conditions imposed by the Plans,the General Contract Documents or these Special Contract
Documents, in which no specific item for bid has been provided for in the Proposal,shall be considered as a
subsidiary item of work,the cost of which shall be included in the price bid in the Proposal, for each bid item.
Surface restoration and cleanup are general items of work,which fall in the category of subsidiary work.
27. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality which the City
believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has
received written permission of the Engineer to make a substitution for the material which has been specified.
Where the term"or equal",or"or approved equal" is used, it is understood that if a material,product.or piece
of equipment bearing the name so used is furnished, it will be approved,as the particular trade name was used
for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is
proposed for use,the Engineer's approval thereof must be obtained before the proposed substitute is procured
by the Contractor. Where the term"or equal",or"or approved equal" is not used in the specifications, this does
not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose.
However, the Contractor shall have the full responsibility of proving:that the proposed substitution is, in fact,
equal,and the Engineer,as the representative of the City,shall be the sole judge of the acceptability of
substitutions. The provisions of this sub-section as related to"Substitutions"shall be applicable to all sections
of these specifications.
28. TEhIPORARI'SOIL EROSION.SEDIMENT AND WATER POLLUTION CONTROL: NA
29. EXISTING UTILITIES: The Contractor shall preserve and protect public utilities at all times during
construction. Any damage to utilities resulting from the Contractor's work shall be restored at the Contractor's
expense. Public utilities shall be notified when proposed facilities conflict with existing utilities.
30. CONSTRUCTION:
NON-PAY IMMS:
NON-PAY ITEiy(No. 1 - PROTECTION OF FENCES.TREES. PLANTS AND SOIL:
All property along and adjacent to the Contractor's operations including fences, lawns, yards, shrubs, trees. etc.
shall be preserved or restored after completion of the work to a condition equal or better than existed prior to
start of work. However, no direct payment will be made for this item and it shall be considered incidental to
this Contract.
By ordinance, the Contractor must obtain a permit from the City Forester before any work(trimming, removal
or root pruning) can be done on trees or shrubs growing on public property including street right-of-way and
designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall
be in compliance with pruning standards for Class I1 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.
Special Provisions D-6
PAY ITEMS:
The City shall have the right to increase or decrease of the extent of the work,and make changes and alterations
in the quantities and locations of work as may be considered necessary or desirable,and such changes and
alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of
the provisions thereof. The Contractor shall perform the work as increased,decreased,or substituted with no
allowances will be made for any anticipated profits. Payment to the Contractor for contract items will be made
for the actual quantities of work done and material furnished at the unit prices set forth in the contract.
Contractor is responsible for means,methods,and safety during traffic counts. Contractor shall conduct traffic
counts so as to impose a minimum interference to traffic.
The unit price bid for each pay item shall be full compensation for furnishing all materials, labor,equipment,
mileage,tools,and incidentals necessary to complete the work. All traffic count data shall be provided to
the City in a format compatible with existing storage cards used by the City of Fort Worth Traffic
Engineering Department(TinneAlark, Lambda or equivalent).
24-HOUR UNI-DIRECTIONAL VOLUME COUNTS:
Contractor shall obtain 24-hour counts and prepare a summary of counts by 15-minute increments. Payment
shall be made per each counter location.
24-HOUR BI-DIRECTIONAL VOLUME COUNTS:
Contractor shall obtain 24-hour counts and prepare a summary of counts by 15-minute increments. Payment
shall be made per each counter location.
SPEED OR CLASSIFICATION COUNTS(TWO-WAY WITH AVG. DAILY TRAFFIC VOLUME AND
85%SPEED DATA):
Contractor shall obtain speed or classification counts along with 24-hour counts. The Contractor shall prepare a
summary of counts showing 85 percentile speed data and 24-hour count data by 15-minute increments.
Payment shall be made per each counter location.
4-LEG SIGNAL WARRANT STUDY COUNTS
Contractor shall obtain 24-hour counts and prepare a summary of counts by 15-minute increments. Contractor
shall also obtain turning movement counts for three peak periods:7:00 a.m.-9:00 a.m., 11:30 a.m.-1:30 p.m.,
and 4:00 p.m.-6:00 p.m. (or as determined from the 24-hour approach counts). Payment shall be made per each
warrant study location.
TURNING MOVEMENT COUNTS
Contractor shall obtain turning movement counts for two peak periods: 7:00 a.m.-9:00 a.m.and 4:00 p.m.-
6:00 p.m.(or as determined from 24-hour approach counts). Payment shall be made per each intersection.
Special Provisions D-7
PART E
SPECIFICATIONS
The City of Fort Worth's"Standard Sgeci cations for Street and Storm Drain Construction"will govern this
project,except as modified by the Contract Documents and the plans. A copy of these Standard Specifications may
be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street,2"'Floor,
Municipal Building,Fort Worth,TX 76102.
"Standard S2eci><cations for Public iVorlcs Construction",latest edition,as published by the North Central Texas
Council of Governments(NCTCOG)shall cover any remaining items not included by the Fort Worth or TxDOT
Standard Specifications or modified specifically by the plans or Contract Documents.
INTEROFFICE CORRESPONDENCE
City of Fort ff'orth
TransportationlPuhlic Works Department
January 24, 2000
TO: Mr. Jim Connor, Purchasing
FROM: C.F. McLure, Engineering Tech
SUBJECT: Traffic counters
The Traffic Engineering section of T/PW has identified the need to increase the number
of traffic counts generated by the Traffic Survey section. Due to unprecedented growth
in the city, this corresponds to an increasing number of traffic count demand from the
Department of Transportation engineers and planners, and requests from the citizens
of Fort Worth.
The Traffic Engineering section presently has fourteen counters, and data processing
software. These counters have a "raw" data capability. This allows several types of
traffic study data to include directional volume, directional speed, directional 16 vehicle
classification, and gap studies to be obtained from a single acquisition. This
characteristic is valuable to the needs of T/PW staff and to the understanding of traffic
flow characteristics within the city.
The Traffic Engineering staff is recommending the purchase of an additional ten
counters that have a "raw" data capability.
Additional needs:
• Compatibility with existing TMWin software, existing counters, and
Type 1 data storage cards (PCMCIA cards) presently in use by City of
Fort Worth Traffic Survey personnel.
• Programmability to include start/stop times.
• At least 256Kb of internal memory backed up by a lithium battery.
• Ability to transfer all or new data from internal memory to Type 1
PCMCIA cards.
• Four nozzle hook-up to allow for directional and detailed traffic studies.
• Nozzles should be mounted vertically to hinder water and foreign
object intrusion.
• An RS232 serial port to allow for downloading setup parameters and
uploading data.
• Ability to observe vehicle information with a laptop computer attached
to the serial port.
• Advanced data display capabilities including sensor operation,
available memory, RAM default, low battery, and clock.
• Each counter should not exceed 8" x 7" x 4.5" in dimension.
• Each unit should not exceed 12 lbs. in weight.
• All equipment should have a one year limited warranty.
• An 800 telephone number for technical support.
• Counters should be TimeMark, Lambda counters, or an available
equivalent.
PART F
CERTIFICATE OF INSURANCE
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
EXPERIENCE RECORD
EQUIPMENT SCHEDULE
CORD CERTIFICATE OF LIABILITY INSURANCkp 1 DATE(MWD1
A E(MW/Dl 00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Time Insurance Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1507 South IH 35 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Austin TX 78741
Phone: 512-447-7773 Fax:512-440-0989 INSURERS AFFORDING COVERAGE
INSURED INSURER A LEGION INDEMNITY COMPANY
INSURER B:
GRAM Traffic Counting, Inc. INSURER C:
12406 Uttimer Lane INSURER D:
Austin TX 78753
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
INR TYPE OF INSURANCE POLICY NUMBER P LEF T POLICY EI N LIMITS
LTR DATEE(MM/DD/YY DATE(MM/DD/YY)
`* GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A X COMMERCIALGENERALLIABILRY GL10767696 10/01/99 10/01/00 FIRE DAMAGE(Any one fire) $100,000
CLAIMS MADE Fx]OCCUR MED EXP(Any one person) $ 1,000
Mb $250 PD/BI PERSONAL BADV INJURY $1,000,000
GENERAL AGGREGATE $ 1,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $INCL
POLICY PECT RO LOC
J
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea acaddeM)
ALL OWNED AUTOS
BODILY INJURY $
4M SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
n PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
I RANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR F-1 CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND TORY LIMITS ER
7 EMPLOYERS'LIABILITY E.L.EACH ACCIDENT Is
E.L.DISEASE-EA EMPLOYEE $
E.L.DISEASE-POLICY LIMIT I$
� OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project: C115-020115035527
CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
CITYFTW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
City of Fort Worth
1000 Throck Morton St. LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
(�
Fort Worth TX 76102 ANY KIND UPON THE INSURER,ITS A TS OR REPRESENTAT S.
John W. Schuler Ai Ar_� I
ACORD 25-S(7/97) " ACORD CORPORATION 1988
MANPOWER
Insurance
Issued at the AON Risk Services, Inc, of Wisconsin
request of Two Plaza East,Suite 450
330 East Kilbourn Avenue
Date: Wisconsin sconsin 53202
Name of Insured: Manpower Inc. its Subsidiaries & Affiliates
The undersigned insurers by their duly authorized agents hereby severally certify that the insurance
referred to opposite their names is in effect.
COVERAGES LIMITS INSURERS
For Which Insurance Is Afforded of Liability
Blanket Excess Liability $40,000,000 each occurrence Federal Insurance Company
Policy No.7972-2954 $40,000,000 aggregate
Expiration Date:3/1/01 Bodily Injury and By ma `�w+Kre�A—
Property Dage
.. Blanket Excess Liability $10,000,000 each occurrence
Allianz Insurance Company
Policy No.XLA 4200176 $10,000,000 aggregate
Expiration Date:3/1/01 Bodily Injury and Hy �a .r,PA40-9-
Property Damage
'Worker's Convensation
U.S.Longshoremen's and Compensation—
Harbor Worker's Statutory
* Compensation Transportation Insurance Company
Employer's Liability $2,000,000 each accident By &*I'AO A-A
Policy No.WC-16680-8719 $2,000,000 disease—policy limit Audwmd AGM
Expiration Date:3/1101 $2,000,000 disease—each
employee
Bodily Injury Liability
Including Contractual Transportation Insurance Company
Property Damage Liability $5,000,000 each occurrence
Combined $5,000,000 products aggregate By
Policy No.GL-16680-8784 $5,000,000 general aggregate 4i1t°°"'0 `
Expiration Date:3/1/01
'
**Automobile Liability
Comprehensive Form
Owned
Hired $5,000,000 combined single Transportation Insurance Company
kAd OP
I Bodily�Iiability limit for any one loss BY A 'dr'
Property Damage Liability
Policy No.BUA-16680-8848
Expiration Date:3/1/01
Primary Commercial Continental Casualty Company
Blanket Bond
Policy No.CRI-16680-8929 By � �
Expkat on Date:3/1101 $5,000,000 each occurrence
•is.oAio-c�l6e..-An.m.-Mnr:/oO.- nu iome a affwdw br ae polen a.aid en. u MwKt to r tw ea,os.e=kn ••
Iw mmwed Sere F%ob faire 00=W& red cwAuo e of weh paw Lwm rhowe aw Mw bewt ae&cW b,pfd ci mo.
••AN6e me--Wm,owwgr ON* IN the ewe d mea psow d er mw redretiee d lido n the bwrrte ago hereat tic
lb:u,awry i CON~wpwtiilyt lnwraeae Caw*W tdl gm M 4 edaattw memo.4 rad to the wM to.Meme thw mm&
r came a nitard at the m*m uoW Item.lb mm&V of wtah metier w 6wewd oba
be woffi®t,ted d eerie.
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, !GRAM, Traffic Counting,
Inc. certifies that it provides worker's compensation insurance coverage for all of its loyees
employed on City of Fort Worth project Annual Co r T Countst Var' us ' ns
project number,C115-020115035527.
By: 2LGCc « � L
Title
Date
STATE OF TEXAS 3
COUNTY OF TARRANT a
BEF RE ME, the unde7717")
authority, on this day personally appeared
kA � C r , SS'd t I/ known to me to be the person
whose risme is subscribed the foregoing instrument,and ac wledgcd to me that he executed the same as
the act and decd of c S �" t 5 i C /v for
.* the purposes and considerations therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAT. OF OFFICE this day of
JVAh5 ,2000. D
TERRI TAJBLIC 1R
NOTARYFjy PUBLIC Notary Public in and for the State of Texas
`a h State of Texas
OF Cormi Exp.01-032003
(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
sectiaz4
(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 riot 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.
AAMORMOMYRM
tt
EXPERIENCE RECORD
List of projects your organization has successful) completed:
Amount Of Contract Type of Work Date Accepted Name and Address of Owner
Award
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
h�
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
F-3
EOUIPiNIE\T SCHEDULE
List of Equipment owned by Bidder that is in serviceable condition and available for use:
r
Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and
type:
F-4
-- ~`PAYMENT BOND
THE STATE OF TEXAS BOND NO. 112186
COUNTY OF TARRANT
KNOW ALL MEN BY THESES PRESENTS: That we, GRAM Traffic Counting, Inc. a
corporation of_mrayi s County, Texas hereinafter called Principal
and (3) _Evercxreen National Indemnity romp a nu
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 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
Sixtv T wo Thousand,Three Hundred Seventy Five Dollars
$62,375.00 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
T 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 9th day of May ,2000,
a copy of which is hereto attached and made a part hereof, for the construction of:
ANNUAL CONTRACT FOR
TRAFFIC COUNTS AT VARIOUS LOCATIONS
designated as Project Number C115-020115035527 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.
Ir
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall
A:15PAYBOND.FRM
abridge the right of any beneficiRU l6reunder 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 13th day of ,T„np ,2000.
GRAM Traffic Counting, Inc.
P.' cipal(4)
ATTEST: /
- (Principal) Secretary
ge-Ofx
(Printed Name/Title)
(SEAL) 1940A Ut - - Tans,
ADDRESS
Austin, Texas 78753-7055
CITYISTATE/ZIP
10055 Sweet Valley Drive Evergreen National Indemnity Company
Valley View�A125 (Surety)
ATTEST:
U
(Surety)Secretary By:
(Attorney-in-Fact)(5)
J W. Schuler, Attorney-In-Fact
(Printed Attorney-in-Fact)
(SEAL) r
Witness as to surety Note: Date of Bond must not be prior to date of
Contract
P" (l) 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
■w
PM
•
EVERGREEN NATIONAL INDEMNITY COMPANY
CLEVELAND,OHIO
POWER OF ATTORNEY
GRAM Traffic Counting,Inc. 06/13/00
PRINOPAL EFFECTIVE DATE
62,375.00 62,375.00
CONTRACT AMOUNT AMOUNT OF BOND
POWER NO. 112186
KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby
nominate,c stihute and appoi t:
Paulameron,AnnaVl.Hilt,John W.Schuler—_--
its true and lawful Attomey(s)-In-Fact to make,execute,attest,seal and deliver for and on its behalf,as Surety,and as its act and deed,where required,
any and all bonds,undertakings,recognizances and written obligations in the nature thereof,PROVIDED,however,that the obligation of the Company
under this Power of Attorney shall not exceed One Million Five Hundred Thousand Dollars($1,500,000.00).
This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of
February,1994:
"RESOLVED,That any two officers of the Company shall have the authority to make,execute and deliver a Power of Attorney constituting as
Attomey(s)-in-fact of such persons,firms,or corporations as may be selected from time to time.
FURTHER RESOLVED,that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any
' certificate relating thereto by facsimile;and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company;and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and
binding upon the Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF,the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto,and these presents to be
signed by its duly authorized officers this 23rd day of February, 1994. EVERG EN NATION EMNITY COMPANY
.� raig L._Stout,President
J.
�p290RAlp:<s
SEAL ,,�' wg - --�
Roswell P.Ellis,Treasurer
Notary Public) n
yy�
OHIO
r u
State of Ohio) SS:
On this 23rd day of February, 1994,before the subscriber,a Notary for the State of Ohio,duly commissioned and qualified,personally came Craig L.
Stout and Roswell P.Ellis of the Evergreen National Indemnity Company,to me personally known to be the individuals and officers described herein,and
who executed the preceding instrument and acknowledged the execution of the same and being by me duly swots, deposed and said that they are the
officers of said Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate
Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the
resolution of said Company,referred to in the preceding instrument,is now in force.
a!TESTIMONY WHEREOF,I have hereunto set my hand andaffixed my official seal at Cleveland,Ohio,the day and year above written.
L-
A .
{f%c S" ✓
f2� ory N.Miracle,Attorney
3 rNotary Public State of Ohio
# #: My Commission has no expiration date Section 147.03 R.C.
State of Ohio) SS: ��
I,the undersigned,Secretary of the Evergreen NatioB `IrQi� mpany,a stock corporation of the State of Ohio,DO HEREBY CERTIFY that
the foregoing Power of Attorney remains in full force and has rioi•been revoked;and furthermore that the Resolution of the Board of Directors,set forth
herein above,is now in force. 13th June,2000
Signed and sealed in Cleveland,Ohio this day of
acaanaty„
Anne eye;s,Secre
IIVIIIVIIIVIIIVIIIIIIIIIIIIIIII '"'�• GpaPORATE .<,
di+: SEAL S Any reproductioa or facsimile ofthis form is void and invalid
112186 °'1295302• y.,,��b/,Ok 11�```���`�
II
PART G
CONTRACT
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 9h day of May 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 GRAM Traffic Counting, 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:
ANNUAL CONTRACT FOR
TRAFFIC COUNTS AT VARIOUS LOCATIONS
Designated as project number, C115-020115035527.
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.
uf��a�cOG�� V`,!EPC 0ER1,
3. cc:F V ��EC_,Eaff
The Contractor hereby agrees and binds himself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Transportation and Public Works
Department of the City of Fort Worth.
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
commencement thereof and to fully complete and finish the same ready for the inspection and
approval of the Transportation and Public Works Department of the City of Fort Worth and the City
Council of the City of Fort Worth within a period of 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 $ '!1#-V 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 Cau1V@d in ��ho/e 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 rete rn- a t involved, or
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C 1VV ENGEM
(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:
Sixty Two Thousand, Three Hundred Seventy Five Dollars
$62,375.00
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. OIf u�� `CD�r,: L �iCi��lrl p�
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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.
rt
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six
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 9' day of May 2000.
CITYIFFT TH
(C rac or) ASSISTANT CI ANAGER
APPROVED:
BY:
(Represents ive)
DIRECTOR, TRAN PORTATION
AND PUBLIC WORKS
n A ST:
�1
(TITLE) -
ITY SECRETA
lILIQE 0 -I-+i (SEAL)
(Address)
(C ty/State/Zip)
APPROVED AS TO FORM & LEGALITY:
ASSISTAN CITY ATTORNEY
November 1960
Revised May 1986 Contract Authorization
Revised September 1992
Revised January 1993
Revised April 1999 Date
Revised June 1999 RR �
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CM SEUM
RE`:'1 LL.