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Home My WebLink AboutContract 31155 ITY 8 E C RFTARY C0NTRA0T NC SPECIFICATIONS AND CITY SECRETARY CONTRACT DOCUMENTS 0.0.E. FILE FOR CONTRACTOR'S BONDING ANNUAL SIDEWALK CONTUCTRUCTIUN'S COPY VARIOUS LOCATIONS y�-AN PARI ENT FISCAL YEAR 2004 - 2005 #r CITY OF FORT WORTH, TEXAS NSPORTATION AND PUBLIC WORKS DEPARTMENT SEPTEMBER 2004 iI MIKE MONCRIEF CHARLES BOSWELL MAYOR INTERIM CITY MANAGER ROBERT D. GOODE, P. E. - DIRECTOR A. DOUGLAS RADEMAKER, PE - DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY DEPARTMENT OF ENGINEERING ORIGINAL �� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/21/2004 DATE: Tuesday, December 21, 2004 LOG NAME: 30WESTHILL SDWK REFERENCE NO.: **C-20454 SUBJECT: Authorize Execution of Contract with Westhill Construction, Inc. for Annual Sidewalk Contract, Various Locations, Fiscal Year 2004 — 2005 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Westhill Construction, Inc. in the amount of$250,410.00 for the Annual Sidewalk Contract, Various Locations, Fiscal Year 2004 —2005. DISCUSSION: The 2004 Capital Improvement Program includes funding for City sidewalk projects. These funds will be used to develop safer walking routes within the City's neighborhoods. The work to be performed under this contract consists of replacing and constructing new sidewalk and wheel chair ramps in various locations throughout the City. This project was advertised for bid on September 30 and October 7, 2004. On October 28, 2004 the following bids were received: Bidder Bid Amount Time of Contract Westhill Construction, Inc $250,410.00 365 Calendar Days Ken-Do Contracting $267,976.25 P & E Contractor $281,800.00 Skyline Excavation $288,670.00 VAS Engineering &Construction $330,080.00 Ed A. Wilson, Inc. $398,900.00 J & J Sprinkler& Landscape, Inc. $406,382.00 Haros Brothers $418,823.00 Humphrey & Morton Construction $422,719.50 Pavement Services Corporation $454,419.00 The engineer's cost estimate for this project was $271,048.00 The low bidder, Westhill Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 11% M/WBE participation. The City's goal for this project is 10%. In addition to construction costs, contingencies for change orders will be $12,520.00. Furthermore, $17,000.00 will be required for inspection services. This project is located in ALL COUNCIL DISTRICTS. Lo2name: 30WESTHILL SDWK V" I "f-1 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvement Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 541200 201380012283 $250.410M Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) Lo2name: 30WEST141I.1, 4nWK OCT-25-2004 MON 01:57 PM CITY F.W. ENGINEERING FAX NO. 817 871 7854 P. 05/05 CITY OF FORT WORTH DEPARTMENT OF E'NGINEER[NG DESIGN SERVICES DIVISION ADi)ENDIIM NO. I ANNUAL SIDEWALK CONTRACT VARIOUS LOCATIONS FISCAL'YEAR 2014-2005 DOE NO. 4650 } RELEASE DATE_October 22.2o04 1 INFORMATION TO BIDDERS; The Specifications and Connio Doc=cnu for the above mentioned project are revised and amended as follows: 1) In the Special Provisions,on page D-1$of Section 37-Cole,entitled"fang Sidewalk Ramps,"the paragraph should read as follows; "All grooved ramp Mfacts(but not dM 9idewa&ramp win&&W CYrbe)shed bo colored with LITHOCHROME color hardeaer. A brick red color..." 2) The SMewolk Ramp DaaUs, bxsted in the Appendix,should adhere to the written Conor Sidewttlk Ramps axion(page D-i d of Samoa 37-C;onswaction)and the above statement. Only. the Sroovod ramp surfaces should be colare4 ted and not the sidewalk tamp wisps or curbs. Pease acknowledge raeaipt of the Addendum in the bid proposal and on the outside of the sealed=wclope. RECEIPT ACKNOWLEDGED: A.DOUGLAS RADEMAKE&P.E. DIRECTOR,D TMENT OfPiMMERING By: cyan heck,P.E. Manager.Design services TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Proposal 4. Vendor Compliance to State Law S. Minority and Women Business Enterprise Specifications 6. Special Provisions 7. Certificate of Insurance and Bonds a. Certificate of Insurance b. Contractor Compliance With Worker's Compensation Law c. Experience Record d. Equipment Schedule e. Performance Bond f. Payment Bond 8. Contract 9. Standard Details a. Courtesy Notice b. Typical Construction Layout—4'Sidewalk c. Special Construction Layout— 5'Combination Sidewalk d. 10' Parkway Section e. Transitions from 4'to 5' Sidewalk f. Retaining Wall With Sidewalk g. Transverse Expansion Joint h. Driveway Approach i. Sidewalk Ramp Details j. Handrail k. Traffic Control Plans NOTICE TO BIDDERS Sealed proposals for the following: FOR: ANNUAL SIDEWALK CONTRACT VARIOUS LOCATIONS FISCAL YEAR 2004— 2005 DOE #: 4650 Addressed to Mr. Charles Boswell, Interim City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 PM, Thursday, October 28, 2004 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and ` Contract Documents for this project may be obtained at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. Sets of documents may be purchased for a non-refundable price of$20.00. Bid security is required in accordance with the Special Instruction to Bidders. The project consists of a renewable annual contract for the complete installation of sidewalks and sidewalk ramps at locations specified by the City of Fort Worth. r The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation') as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that-do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering r` at (817) 871-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM with Documentation') and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. For additional information, contact Cannon Henry at (817) 392-2690 or Jim Deeter at (817) 392-7803. CHARLES BOSWELL MARTHA HENDRD( INTERIM CITY MANAGER CITY SECRETARY A. Douglas Rademaker, P.E. Director, De a tment of Engineering By Ban Beck, P.E. M nager,ryDesign Services Advertising Dates: September 30, 2004,October 7, 2004 SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty- nine (49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation`) is received by the City. S. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. ■ If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. i A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. CITY MMERRY FT, WORTH, TEX. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth,Texas, concerning liquidated damages for late completion of projects except as modified by these specifications. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in employment practices. S. WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of the Department of Transportation and Public Works for use by the City in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10.I14SURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or �. $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on"any auto", defined as autos owned, hired, and non-owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. 11. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. I Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. ll.NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non-resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non-resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. 'Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non- resident contractor to do so will automatically disqualify that bidder. 12.MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 13550, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm S. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: v�CY 3 C?_71E11?V A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide a brief explanation. The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parses must be included on this letter. If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. All forms are available at the M/WBE Office, 3rd floor- City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. CIE (yp7 •i�'N�:1:Y N L' Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13.AMBIGUM: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14.PAYMENT. FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: Because of the unique nature of this contract, section 9.7 of the Standard Specifications for Street and Storm Drain Construction shall not apply and shall be superseded by the following: Whenever the improvements prescribed by an individual Work Order have been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time, perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will recommend acceptance of the work under that particular Work Order and recommend payment therefore. If the Engineer finds that the work has not been completed as required, the Contractor shall be advised in writing and will be furnished with an itemized list of all known items that have not been completed or which are not in an acceptable condition. When the Contractor has corrected all such items, he shall again notify the Engineer that the improvements are ready for inspection, and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor as to that Work Order, an estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the Contractor after acceptance by the Transportation and Public Works Director, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials under that Work Order have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under that Work Order or any act or neglect of said City relating to or connected with the Contract. The making of the payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents that specifically continue thereafter. For purposes of this section, the Work Order shall be deemed complete and accepted by the City as of the date the punch list for the particular Work Order has been completed, as evidenced by a written statement signed by the contractor and the City. The warranty period shall begin as of the date that the final punch list for the particular Work Order has been completed. 15.AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as"AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16-WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in. 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carders, 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 other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and ` (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy ("Policy'l of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA'j, Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning f disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. PROPOSAL - TO: Mr. Charles Boswell Interim City Manager Fort Worth, Texas FOR: ANNUAL SIDEWALK CONTRACT VARIOUS LOCATIONS FISCAL YEAR 2004 — 2005 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 04 complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums, to-wit: BASE BID PAY APPROX. UNIT TOTAL ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID 1. 1 LS UTILITY ADJUSTMENTS $500.00 $500.00 2. 2 EA PROJECT DESIGNATION SIGNS $300.00 $600.00 3. 225 SY REMOVE EXISTING CONCRETE FLATWORK $ 9eo �! 4. 100 LF REMOVE EXISTING CURB & 1� GUTTER $ J' $ 5. 100 LF STANDARD CONCRETE 7"CURB & 18" GUTTER f Proposal B - 1 — PAY APPROX. UNIT TOTAL ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID 6. 200 SY 4" CONCRETE SIDEWALKS (0'— 50' Length) $ � $ 7ZOO 7. 200 SY 4" CONCRETE SIDEWALKS (51'— 100' Length) $ $ 8. 400 SY 4"CONCRETE SIDEWALKS (101'— 200' Length) $ 27°® $ 103 P�dO 9. 600 SY 4"CONCRETE SIDEWALKS (201'— 300' Length) $ 27pO $ 10. 5,375 SY 4"CONCRETE SIDEWALKS o0 (Over 300' Length) $ z7e0- $ 1¢5, I Z S 11. 50 CY CONCRETE RETAINING WALL WITH SIDEWALK $ 950 �= $ Zt o� 12. 330 SY 6" CONCRETE SIDEWALKS AT DRIVEWAYS 13. 10 TONS HMAC DRIVEWAYS $ on�� $ 1O� `— 14. 10 CY FLEX BASE DRIVEWAYS $ 15. 600 SF 6" CONCRETE DRIVEWAY ��JJ APPROACH $ "T 00 $ 24igD°O Proposal B -2 PAY APPROX. UNIT TOTAL ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID 16. 25 EA RTMAMPS CONCRETE SIDEWALK $ , �Om 3� mon 17. 20 EA TYPE 3 CONCRETE SIDEWALK RAMPS $ 300oo $ G000-� 18. 30 EA WATER METER AND GROUND a, BOX ADJUSTMENTS $ 3p_ $ 900" 19. 5 EA MANHOLE ADJUSTMENTS $ � $ 20. 50 EA SPRINKLER HEAD ADJUSTMENTS $ $3Q�., I SDOP-9 21. 2 EA TREE REMOVAL $ 200°—" $ 4-o0IN" 22. 5 EA TREE TRIMMING $ 30°r' I � $ 23. 5 EA REMOVE AND RELOCATE SHRUBS $ SOS-? 24. 50 LF REMOVE AND REPLACE DRAIN oo LINE (VARIOUS SIZES) o 25. 30 TONS HMAC SIDEWALKS $ 10n—o $ X00000 26. 30 CY TOPSOIL $ 501 $ 1 500°O Proposal B-3 PAY APPROX. UNIT TOTAL ITEM QUANTITY DESCRIPTION OF ITEMS PRICE AMOUNT BID 27. 40 LF 42" HANDRAIL w/ PRIMECOAT AND ALUMINUM OIL PAINT $ 20 $ 28. 1,700 SY ST. AUGUSTINE GRASS SOD $ 29. 21400 SY BERMUDA GRASS SOD $_ oc� $ 30. 100 SY HYDROMULCH $ oo $ 31. 50 SF CONCRETE STEPS $ 30. 12 EA STREET USE PERMIT $ 56-1 $ (4cGoo TOTAL BID = �O $ 2 5oa 4- 10 Proposal B-4 CONTRACTOR WILL BE SELECTED ON BASIS OF TOTAL BID Initial locations will be provided at the Pre-Construction Conference. See Special Conditions. The City shall have the right to increase or decrease of the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted with no allowances will be made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. THIS CONTRACT INCLUDES WORK ANYWHERE WITHIN THE CITY OF FORT WORTH. This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, Taxes. All equipment and materials not consumed b or incorporated into the project Y P P J 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) working days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract Documents for the faithful performance of this Contract. The attached bid security in the amount of 5% in the sum of Eel Dollars ( ) is to be forfeited in the event the contract and bond are not Proposal CM R W"O.UK, TEX. 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. (I/we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 Initials ` - Addendum No. 3 Initials Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted: By: rTitle: /E� ��- 2cscby..Lr Address: c r Telephone: 8C7- S5'8 -ZSd ¢- (SEAL) / Date r r Ir Proposal - 6 �'f �,,. 1: 'vU� VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. �+ BIDDER: I � By: / 1� l�'�ielOCas (Please print) h0 yL. Zr�l Signature: Ca c c�""c- ��C. `?4ay3( Title: P17'SiJewT City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION �I � IAS"1 FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE goal is applicable. If the total dollar value of the contract is less than $25,000, the MIWBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBEMBE goal on this project is %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if participation is less than opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if no M/WBE participation: opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date,exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS �. Any questions, please contact the M/INBE Office at(817) 392-6104. Rev.5/30/03 ATTACHMENT 1A Page 1 of 1 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime �.cJf�ES�lit L°o.tgTtP�.��-T�Del .mac. PROJECT NAME: MNV/DBE NON-M/W/DBE BID DATE City's MAVBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1 sc tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 FF ATTACHMENT IA I FORTWORTH Page 2 of 2 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address I M wC X M Subcontracting Work Supplies Purchased Dollar Amount T D Telephone/Fax r B B E E R O B B C T E A n �7 ZZ�750�� 4,800flo Rev.5/30/03 ATTACHMENT 1A I FORTWORTH Page 3 of 3 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. t Please list M/WBE firms first,use additional sheets if necessary. Certification t (check one) C SUBCONTRACTOR/SUPPLIER T r R Company Name i N T Detail Detail Address e M w C X I Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D % E E R O E .� C T E A i i Rev.5/30/03 ATTACHMENTIA FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 4!r Z 7' 55000 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ +� TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 2.7 SSQ on The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval ' of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including �. M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable WW subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1)year. .A thor" d Signature Prir►tad Signature Tit> Contact NameR'rt6e(if different) tY �bFfGL �I�4 r .l-JAG• &7- S sc9- ZSoa. Company Name Telephone and/or Fax 8:;4 4 gr-7- SSB O`1$'L �► � Via`� Address Email Address Ci ty statemp Date Rev.5/30103 r ATTACHMENT 1 B FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: M/W/DBE NON-MNV/DBE BID DATE r. City's M/WBE Project Goal: PROJECT NUMBER % If both answers to this form are YES, do not complete ATTACHMENT 1 C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you must complete ATTACHMENT 1 C. This form is only applicable if bszth answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.,five(5) City business days after bid opening,exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is our normal business practice and provide an operational profile of our business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s)on this contract,the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of 4 contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. Authorized Signature Printed Signature r Title Contact Name(if different) Company Name Phone Number Fax Number Adm Email Address, Gtyfslate2p Date ur-m J. 4�9.F•�3 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: M/W/DBE NON-M/W/DBE BID DATE City's M/WBE Project Goal: PROJECT NUMBER % If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m,five(5) City business days after bid opening,exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunityl for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the F tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities „-.. ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. r■ Yes Date of Listing J / No 3.) Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes,attach M/WBE mail listing to include name of firrn and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes,attach list to include name of M/WBE firm,person contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes,the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets,if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection ATTACHMENT1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. �. The undersigned certifies that the information provided and the MIWBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. .• Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Phone Number Fax Number a- Address Email Address City/State/Zip Date ��4!•.• is yl t��4n�a.d•^ r14 ■ q ,.+ii kiF Joint Venture FORT WORTH Page 1 of 3 CITY OF FORT WORTH r Joint Venture Eligibility Form All questions must be answered;use"NA"ijapplicable. Name of City project: A joint venture form must be completed on Mh project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: (Ifapplicable) r- Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be perfomted by each firm comprising the joint venture M/WBE firm Non-M/WBE name: firm name: Business Address: Business Address: t" City,State,Zip: City,State,Zip: s Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular P^ Certification Status: E-mail address Name of Certifying Agency: 2.Scope of work performed by the Joint Venture: Describe the scope of work of the Nlf"E: Describe the scope of work of the non-NIMBE: �i _l Joint Venture Page 2 of 3 3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4.Attach a copy of the joint venture agreement. 5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6.Identify by name, race,sex and firm those individuals(with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating - --------------------------------------------- b. Marketing and Sales ---------------------------------------------- c. Hiring and Firing of management personnel ---------------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants,the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance. r ry ®—. F& Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-malting responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits,interviews with owners and examination of the books,records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of M/WBE firm Name of non-M/WBE firm Printed Name of Owner Printed Name of Owner — Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner w� Signature of Owner Signature of Owner Title Title *` Date Date WA Notarization State of County of On this day of ,20 ,before me appeared and to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they wer4 properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (sea[1 Raw Fnnmv ANNUAL SIDEWALK CONTRACT VARIOUS LOCATIONS FISCAL YEAR 2004 - 200S SPECIAL PROVISIONS TABLE OF CONTENTS 1. Scope of Work 2. Easements 3. Contract Award 4. Project Completion S. Bid Quantities 6. Termination 7. Reference Specifications 8. Bid Submittal 9. Warranty 10.Construction Staking 11.Traffic Control 12.Delays 13.Detours and Barricades 14.Parkways 15.Disposal of Spoil/Fill Material 16.Zoning Compliance 17.Clearing and Grubbing 18.Quality Control Testing 19.Property Access 20.Time for Initiation and Completion of Work Order 21.Safety Restrictions -Work Near High Voltage Lines 22:Water Department Pre-Qualification Requirements 23.Right To Audit 24.Trench Safety 25.Subsidiary Work 26.Substitutions 27.Temporary Soil Erosion, Sediment and Water Pollution Control 28.Existing Utilities 29.Construction Notes 30.Sidewalk Locations 31.Work Orders 32.Contract 33.Determination and Initiation of Work 34.Liquidated Damages 35.Work Order Completion Time 36.Non-Exclusive Contract 37.Construction (Non-Pay Items and Pay Items) p Special Provisions D-1 w SPECIAL PROVISIONS 1. SCOPE OF WORK: The work covered by these plans and specifications consists of the construction of standard concrete sidewalks, sidewalk ramps, and all other miscellaneous items of construction to be performed as outlined in the Specifications, which are necessary to satisfactorily complete the work. AWARDING OF CONTRACT AND CALENDAR DAYS: Fla (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 for the contract 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 terms, conditions, unit prices, and by mutual agreement of the Contractor and the City. 2. EASEMENTS: Contractor shall verify locations of all utilities and right-of-way easements as required. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing works order for this Contract. 3. CONTRACT AWARD: Contract will be awarded to the lowest responsive and responsible bidder. 4. PROJECT COMPLETION: The Contractor agrees to complete the work orders within the allotted number of calendar days. If the Contractor fails to complete the PM work within the number of calendar days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6 of the "General Provisions of the Standard Specification for Construction of the City of Fort Worth, Texas. 5. BID QUANTITIES. Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. The City does not guarantee the construction of any minimum quantity of work, and may order some or none of the work herein specified. p I. Special Provisions D-2 6. TERMINATION: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 7. REFERENCE SPECIFICATIONS: This Contract and project are governed by the following published specifications (latest edition), except as modified by these Special Provisions: STANDARD SPECIFICA TIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH A copy of these specifications may be purchased at the Office of the Department of Transportation and Public Works, 1000 Throckmorton Street, 2"d Floor, Municipal Building, Fort Worth,Texas 76102. The applicable specifications are indicated on the plans and in the Contract Documents. General Provisions shall be those of the City of Fort Worth document rather than Division 1 of the North Central Texas document. STANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAYS, STREETS AND BRIDGES, TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 8. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the Contract Documents at any time. Failure to bid or fully execute Contract without retaining Contract Documents intact may be grounds for designating bids as "non-responsive"and rejecting bids or voiding Contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 9. WARRANTY: The Contractor shall be responsible for defects in this project due to Contractor's faulty materials and workmanship, or both, for a period of two (2) years _ from date of final acceptance of each work order by the City. The Contractor will be required to replace at his expense any part or all of the project, which becomes defective due to these causes. 10. CONSTRUCTION STAKING: Construction stakes for line and grade will be provided by the City (if required) as outlined on page 17, Standard Specifications for Street and Storm Drain Construction. City of Fort Worth. 11. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the 'Texas Manua/on Uniform Trak Control Devices for Streets and Hicrhway.f issued under the authority of the "State of Texas Uniform Act Special Provisions D-3 • 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 permanent sign can be reinstalled the Contractor shall again contact the Traffic Services Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Traffic control will not be paid for directly, but shall be considered subsidiary to the various bid items of the contract. 12. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the 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 p plans. The furnishing, placing, and maintaining of barriers and warning and/or Special Provisions D-4 b .detour signs by the Contractor will not be paid for directly, but shall be considered subsidiary to the various bid items of the contract. For sidewalk construction on arterial streets, lane closings will only be allowed from the hours of 9:00 a.m. to 4:00 p.m. The Contractor shall notify the Engineer and Transportation and Public Works Department prior to lane closures. Attached are typical Traffic Control Plan Details. Construction signing and barricades shall conform with the"Texas Manual on Uniform Traffic Control Devices, Vol. No. 1." 14. PARKWAYS: It is required that all parkways be excavated and shaped as required at the same time the sidewalk is constructed. Excess excavation will be disposed of at locations approved by the Engineer. Standard Specification Item 108, "Finishing ofParkways"shall apply. Contractor shall excavate all areas between the back of curb and sidewalk per the City's standard details or as directed by the Engineer. Contractor shall prepare parkways for re-sodding. Any parkway shaping is subsidiary to the unit price bid for sidewalk construction. 15. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator`l, of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filing is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 16. ZONING COMPLIANCE: During the construction of this project; the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of _ vacant property for storage purposes. 17. CLEARING AND GRUBBING: All objectionable matter required to be removed within the right-of-way and not particularly described under these specifications shall Special Provisions D-5 O do be covered by Item No. 102, "Clearing and Grubbing'and shall be subsidiary to the other items of the Contract. 18. QUALITY CONTROL TESTING: The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphalt and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (a)Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar that are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (b)Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the Contract. (c)The Contractor shall provide not less than 48 hours notice to the City for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (d)The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 19. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 20. TIME FOR INITIATION AND COMPLETION OF WORK ORDER: a. The Contractor shall commence work under a Work Order within 10 calendar days of receipt of the Work Order. The Contractor shall pay liquidated damages of one hundred dollars ($100.00) per day per Work Order for failure to,begin a Work Order within the ten (10) calendar days of the date the Work Order is faxed to the Contractor. b. The time of completion of each individual work order in an essential element of this contract. The Work Order shall state the number of Special Provisions D-6 e calendar days within which the Work Order shall be completed. Failure to i complete the Work Order within the stated time shall subject the Contractor to liquidated damages as provided for in section 8.6 of the Standard Specifications for Street and Storm Drain Construction, except that liquidated damages shall be assessed for each calendar day that the Work Order remains uncompleted. The final cost of the Work Order shall establish the amount of liquidated damages to be assessed for each calendar day in excess of the time allowed for the completion of the Work Order. 21. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this Contract: (a)A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible *at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN TEN FEET OF HIGH VOLTAGE LINES." (b)Equipment that may be operated within ten feet of high voltage lines shall have . an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within ten feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. (d)The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within ten feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 22. WATER DEPARTMENT PRE-QUALIFICATION REQUIREMENTS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures and specifications described in the current Fort Worth _ Water Department General Specifications. Special Provisions D-7 M r 23. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of. three (3) years after final payment under this Contract have access to and the right- to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor , agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (a)Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits. (b)Contractor and subcontractor agree to photocopy such documents as may be . requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies$0.85 for first page plus $0.15 for each page thereafter (c)"Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct , audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 24. TRENCH SAFETY: The Contractor must comply with the following basic requirements in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work"for the workman. Special Provisions D-8 The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. The Contractor shall provide all methods used for trench excavation safety protection including furnishing, designing, providing all materials, tools, labor, equipment and incidentals necessary, including removal of the system. 25. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Parkway shaping, surface restoration, and cleanup are general items of work, which fall in the category of subsidiary work. 26. 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. 27. TEMPORARY SOIL EROSION, SEDIMENT AND WATER POLLUTION CONTROL: The Contractor shall provide all temporary soil erosion, sediment and water pollution control measures for the duration of the Contract in compliance with Federal (EPA), State of Texas, and City of Fort Worth regulations. The temporary measures shall include silt fences, temporary construction entrances, dikes, dams, berms, sediment basins, fiber mats,jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains, Special Provisions D-9 h 6 k and other devices. Such prevention measures shall be in accordance with the North Centra! Texas Council of Go vernments Storm Water Qua/ity Best Management Practices for Construction Activities All work, materials, and equipment necessary to provide temporary erosion control shall be considered subsidiary to the Contract and no extra pay will be given for this work. 28. EXISTING UTILITIES: It shall be the responsibility of the Contractor to determine the existence of, to verify locations, elevations, and dimensions of adjacent and/or conflicting utilities in order that adjustments can be made to provide adequate clearances. The Contractor shall preserve and protect public utilities at all times during construction. Any damage to utilities resulting from the Contractor's work shall be restored at the Contractor's expense. Public utilities shall be notified when proposed facilities conflict with existing utilities. Contractor shall contact the following utility companies 48 hours prior to doing work at any location: Fort Worth Water Department Field Operations Kristian.Sugrim 817-212-2649 or 817-925-2271 Scott Neystel 817-212-2642 or 817-994-8663 i Fort Worth Transportation & Public Works Light and Signal Division Dwayne Cox 817-871-8100 Roger Martin 817-871-8100 Fort Worth Transportation &*Public Works (Storm Drain locates) Gordon Couch 817-871-8100 Pk Lone Star Gas Company Metro (214) 263-3444 Texas Utility Service Company 336-2328 Southwestern Bell Telephone Company Enterprise 9800 "` Texas One Call-Fiber Optics Location (MCI, AT&T, Sprint, etc.) 1-800-245-4545 Marcus Cable T.V. 737-4731 29. CONSTRUCTION NOTES: The following Construction Notes shall apply to the project: • 1. All sidewalk joints shall be installed as shown on the attached drawings of the sidewalk layout. Contractor shall install expansion joints at all existing driveway connections. No driveway approach or driveway replacements are required unless approved by the Engineer. Special Provisions D-10 .2. All expansion joints shall be slip doweled using 24" #3 smooth dowel bars @ 18" C-C with sleeve and grease on one end. Redwood boards shall be used as expansion joint filler. (See details.) 3. All construction joints (flagging) shall be installed using 3/16"wide tooled joints 3/8" deep. 4. No joint sealing is required for sidewalk construction. 5. All sidewalk ramps shall be installed prior to sidewalk construction. 6. Subgrade shall be compacted to have a uniform density of not less than 95% of the maximum density. Testing will be done by the City at the discretion of the Engineer. 7. Concrete Retaining Wall With Sidewalk shall be paid for by the unit price bid per + cubic yard. 30. SIDEWALK LOCATIONS: An initial list of locations will be provided to the Contractor at the Pre-Construction Conference. A partial list of locations is attached. IT IS THE INTENT OF THIS CONTRACT TO CONSTRUCT SIDEWALKS ANYWHERE WITHIN THE CITY OF FORT WORTH. ' The City reserves the right to increase or decrease the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted, with no allowances 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. 31. WORK ORDERS: Work Orders will be issued to the Contractor for work to be performed under this Contract. A minimum of 1,000 linear feet of sidewalk will be provided on each work order given to the Contractor. The Contractor shall start construction within 10 calendar days of receiving a written work order. The minimum of 1,000 LF of sidewalk for any Work Order may be at more than one location. The work order shall be deemed complete when the sidewalk is installed in accordance with the plans and specifications, and the sod has been installed to the satisfaction of the Engineer. If more than 2 work orders have not been completed in the Special Provisions D-11 required number of calendar days, then no further Work Order will be issued by the City until all Work Orders are complete." PR 32. CONTRACT: This Contract shall be an annual purchase agreement with the option of two (2) one-year renewals. Contract shall not exceed 365 calendar days PR following the date of the Contract nor exceed the total price, whichever should occur first. The Contractor shall be required to complete any work covered by a Work Order issued prior to the date of termination, but the Contractor will not be required to accept any work order for execution dated after the date of termination. At the City's option and the Contractor's concurrence, the Contract may be extended for another calendar year with a maximum of 2 renewals. 33. DETERMINATION AND INITIATION OF WORK: The Engineer shall determine and designate to the Contractor the location of the ML sidewalk requiring construction/replacement by a Work Order giving the limits and nature of work required. The Engineer will notify the Contractor that a Work Order is ready and fax the Contractor a copy of the Work Order notification. The Contractor is to provide his fax number to the Engineer at the pre-construction conference. Single or several Work Orders may be issued at one time. The Contractor shall initiate work within ten (10) working days of the date the Work Order is faxed to the Contractor, and continue work on the Work Order until it has been completed. The Contractor shall furnish and supply sufficient equipment and personnel to complete the Work Order in the amount of time provided for in the Work Order. Should the Contractor fail to start any Work Order within the time specified, he shall add the necessary work crews and equipment to prosecute the work to complete the Work Order or Work Orders in the time provided. 34.LIQUIDATED DAMAGES: The Contractor shall pay liquidated damages of one hundred dollars ($100.00) per day per Work Order, for failure to begin a Work Order within the ten (10) calendar days of the date the Work Order is faxed to the Contractor. If the Contractor fails to complete the project within the stipulated construction time on the Work Order, he will pay liquidated damages in the amount stipulated in these contract documents. 35. WORK ORDER COMPLETION TIME:'The time of completion of each individual Work Order is an essential element of this contract. Each Work Order issued will have a maximum allowed number of calendar days for the completion of that specific Work Order. Should the Contractor fail to complete an individual Work Order in the given amount of calendar days as specified on each individual Work Order, liquidated damages shall be charged as prescribed in Item 8, Paragraph 8.6 - Failure to Complete Work on Time, in the Standard Specifications for Street and Storm Drain Construction. Time of completion will be subtracted from the final pay estimate of that particular Work Order. The actual installed quantities amount will be used in determining the amount of calendar days allowed. Special Provisions D-12 36. NON-EXCLUSIVE CONTRACT This contract is non-exclusive. During the term of this contract or any renewal hereof, the City reserves the right to advertise and award another contact for like or similar work. If a second contractor is awarded, the City further reserves the right to issue work orders under either contract as it deems in its best interest, without recourse. Special Provisions D-13 , 37. CONSTRUCTION NON-PAY ITEMS: FINISHING OF PARKWAYS: All applicable provisions of Standard Specification Item 108, "Finishing of Parkway' shall apply. Contractor shall excavate all areas between the back of curb and sidewalk per the City's standard details. Contractor shall prepare parkways for re- sodding. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PREPARING RIGHT-OF-WAY, CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 100, "Preparing the Right-of-Way' and Item 102, "Clearing and Grubbing." No direct payment will be made for this item, and it shall be considered incidental to this Contract. SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control' shall apply. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PROTECTION OF FENCES,TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including fences, lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PROPERTY OWNER NOTIFICATION: The Contractor shall provide flyers to all property owners adjacent to the proposed sidewalk locations. The notices shall be distributed a minimum of 5 calendar days prior to the start of construction on that street. Examples of these flyers are shown in the details. No direct payment will be made for this item, and it shall be considered incidental to this Contract. PRE-CONSTRUCTION WALK-THROUGH: No detailed parkway surveys have been completed for these sidewalks. Therefore, the Contractor shall meet with the Engineer and the Inspector at the proposed sidewalk locations prior to construction. City representatives and the Contractor will locate the proposed sidewalk locations based upon actual field conditions. No direct payment will be made for this item, and it shall be considered incidental to this l� Contract. Special Provisions D-14 PAY ITEMS: UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price comparable to the final cost of making, necessary adjustments required due to improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. PROJECT DESIGNATION SIGNS: . The Contractor shall construct and install two (2) Project Designation Signs at the locations approved by the Engineer. It will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved b the Engineer. The p � , p 9 9 9 PP Y 9� height and arrangement of the lettering shall be in accordance with the latest City standard detail. The sign shall be constructed of 3/a" fir plywood, grade A-C K (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and placed at the project site upon commencement of construction. The-work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports, connections to the support, and maintenance shall be to the satisfaction of the Engineer. The signs shall include all - materials, labor, equipment, tools and incidentals necessary to complete the work. REMOVE EXISTING CONCRETE FLATWORK: All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete shall apply. Any saw cutting, removal, excavation, street repair, and haul off of removed material necessary for construction shall be subsidiary to the bid Special Provisions D-15 MDR price for this item. Removal of flatwork for sidewalk ramp installation is not part of this pay item. The unit price bid per square yard shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the- work. REMOVE EXISTING CURB & GUTTER: All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete' shall apply. Any saw cutting, removal, excavation, street repair, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Removal of existing curb and gutter for sidewalk ramp installation is not part of this pay item. The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. * STANDARD CONCRETE 7"CURB & 18"GUTTER: All applicable provisions of Standard Specifications Item 502 "Concrete Curb and Gutter" shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. awl 4"CONCRETE SIDEWALKS: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Drivewayd' shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard concrete .� sidewalks as shown in the details or as directed by the Engineer. The Contractor shall not remove any regulatory sign, instructional sign, street name sign, or other sign that has been erected by the city. The Contractor shall contact Signs and Markings Division, TPW (Phone 871-8075). Any excavation, compaction, saw cutting, removal, parkway grading, street repair, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. Pay items are separated by total length of sidewalk installed along each street. Existing driveways, streets, and sidewalk ramps will not be considered as starting a new length of sidewalk when determining the appropriate pay item number for each street. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. CONCRETE RETAINING WALL WITH SIDEWALK: All applicable provisions of Standard Specifications Item 518 "Retaining Walld' shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct retaining walls with sidewalk as shown in the- details or as directed by the Engineer. The unit price bid per cubic yard shall be full Special Provisions D-16 Alor compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. 6"CONCRETE SIDEWALKS AT DRIVEWAYS: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Drivewayf shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard 6" A4 concrete sidewalks across existing HMAC or gravel driveways as shown in the details or as directed by the Engineer. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to-complete the work. HMAC DRIVEWAYS: All applicable provisions of Standard Specifications Item 312 "Hot-Mix Asphaltic Concrete' shall apply. The Contractor shall replace standard HMAC driveways disturbed by construction as shown in the details or as directed by the Engineer. ..► The driveways shall be 6" thick: 2" thick HMAC surface course, Type D, on 4" thick HMAC surface course, Type B. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per ton shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. FLEX BASE DRIVEWAYS: All applicable provisions of Standard Specifications Item 208 "Flexible Base (Crushed Limestone,' shall apply. The Contractor shall replace standard gravel driveways disturbed by construction as shown in the details or as directed by the Engineer. The driveways shall be 6" of compacted flex base. Any compaction, saw cutting, removal, excavation, parkway grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. 6" CONCRETE DRIVEWAY APPROACH: All applicable provisions of Standard Specifications Item 504 "Concrete Sidewalks and Driveways" shall apply. All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard 6" driveway approaches as shown in the details or as directed by the Engineer. Any compaction, saw cutting, removal, excavation, grading, and haul off of removed material necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per square yard shall be full compensation for furnishing all Special Provisions D-17 "` ps materials, application, curing, labor, equipment, and incidentals necessary to complete the work. OL CONCRETE SIDEWALK RAMPS: All concrete shall have a minimum compressive strength of 3,000 psi at 28 days. The Contractor shall construct standard concrete sidewalk ramps as shown in the details and as directed by the Engineer. Type 1 sidewalk ramps shall be constructed at intersections where 4' sidewalks are offset from the back of curb. Type 3 ramps shall be constructed at intersections where 5' sidewalks are adjacent to the back of curb. Use of Type 2 sidewalk ramps shall be restricted to locations where it is not feasible to use Type 1 or 3 and shall be paid for at the same price bid for Type 1 P0 ramps. All grooved ramp surfaces (but not the sidewalk ramp wings or curbs) shall be colored with LITHOCHROME color hardener, stain, or equal. A brick red color, a dry- shake hardener manufactured by L. M. Scofield Company or equal, shall be used in accordance with manufacturer's _instructions. Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specifications. The sample, upon approval of the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this Pay Item. The method of application shall be by screen, sifter, sieve, or other means in order to provide for a W. uniform color distribution. The Contractor may also use All applicable provisions of Standard Specifications Item 104 "Removing Old Concrete" and Item 502 "Concrete Curb and Gutter" shall apply. Any parkway shaping and grading, curb and gutter saw cutting and removal, excavation, street repair, and haul off of removed material necessary for construction of sidewalk and ramps shall be subsidiary to the unit price bid for these items. Street voids caused by construction shall be filled with HMAC"Type D" mix for HMAC pavement per Item 312 `"Hot-Mix Asphaltic Concrete". The unit price bid for each ramp shall be full compensation for furnishing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. WATER METER AND GROUND BOX ADJUSTMENTS: This item shall include raising or lowering existing boxes to the parkway grade specified. No payment will be made for existing boxes that are within 0.1 feet of the specified parkway grade. The unit price bid for each water meter box adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. MANHOLE ADJUSTMENTS: Special Provisions D-18 This item shall include adjusting the tops of existing standard manhole rings and covers to match the proposed parkway grade as shown on the details. No payment will be made for existing boxes that are within 0.1 feet of the specified parkway. grade. All applicable provisions of Standard Specifications Item No. 450 "Adjusting Manholes and Inlets'and Item No. 406 "Concrete for Structure.' shall apply. The Contractor shall be required to use Class "A" concrete except as modified herein. The maximum water cement ratio shall not exceed 5.5 gallons per sack. A Type "A" water-reducing admixture and a Type "C" set-accelerating admixture may be used to achieve the earliest possible concrete setting times. The use of a set- retarding admixture will not be permitted. The concrete will be designed to achieve a minimum compressive strength of 3,000 pounds -per square inch in 48 hours. If the concrete fails to reach the required 48-hour strength, the Engineer may direct that the concrete be redesigned as necessary to meet these requirements. Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections, per current City Water Department Special Conditions. The unit price bid for each manhole adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. SPRINKLER HEAD ADJUSTMENTS: I+ This item shall include relocating existing sprinkler heads and including supply piping for sidewalk construction. No payment will be made for sprinkler head adjustments except those adjustments determined necessary by the Engineer. The unit price bid .� for each sprinkler head adjustment will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. TREE REMOVAL: This item shall include removing existing trees for sidewalk construction. The Engineer must provide written authorization before the Contractor removes any tree. The unit price bid for each tree removed will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. TREE TRIMMING: This item shall include trimming existing trees for sidewalk construction. The Engineer must provide written authorization before the Contractor trims any tree. The unit price bid for each tree trimmed will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street right-of-way and designated alleys. This permit Special Provisions D-19 01. can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above- number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the ,�. International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only �^ instance when pruning paint is recommended. REMOVE AND RELOCATE SHRUBS: 4" This item shall include the removal and relocation of existing shrubs for sidewalk construction. The Engineer must provide written authorization before the Contractor relocates any shrub. The unit price bid for each shrub relocated will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. REMOVE AND REPLACE DRAIN LINE (VARIOUS SIZES This item shall include the removal and replacement of existing drain lines for PF sidewalk construction. The unit price bid per linear foot will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. HMAC SIDEWALKS: All applicable provisions of Standard Specifications Item 312 "Hof-Mix Asphaltic Concretes' shall apply. The Contractor shall install HMAC sidewalks as shown in the details or as directed by the Engineer. The sidewalks shall be 2"thick HMAC surface course, Type D, on 3"thick flexible base. Any excavation, parkway grading, haul off of removed material, and compaction necessary for construction shall be subsidiary to the bid price for this item. The unit price bid per ton shall be full compensation for furnishing and installing all materials, application, curing, labor, equipment, and incidentals necessary to complete the work. TOPSOIL: .= All applicable provisions of Standard Specification Item 116,"Topsoil', shall apply. The unit price bid per cubic yard shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. Topsoil shall be placed as directed by the Engineer. 42" HANDRAIL WITH PRIMECOA_T AND ALUMINUM OIL BASED PAINT: The unit price bid per linear foot shall be full compensation for furnishing all materials, labor, equipment, and incidentals necessary to complete the work. P� Special Provisions _ D-20 SODDING: All applicable provisions of Standard Specification Item 118, "Sodding" shall apply. These items shall include sodding grass areas disturbed by construction at the locations directed by the Engineer. The unit price bid per square yard will be full- payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. HYDROMULCH: All applicable provisions of Standard Specification Item 120, "Seeding", shall apply. These items shall include hydromulching areas disturbed by construction at the locations directed by the Engineer. The unit price bid per square yard will be full payment for all materials, labor, equipment, tools, and incidentals necessary to complete the work. Special Provisions D-21 2004 - 2005 CIP SIDEWALK PROJECT LIST PROJECT: SPP 001 `Cl): . STREET '? LOCATION X -.'-, LIMITS LENGTH, 1 2 Long NS Grove to Hampton 1,500 2 2 Long SS Pecan to Hampton 1,900 3 2 NW 26th NS Macie to Long 1,900 4 4 Elbe Trail NS Seguin to Thames Trail 1,300 5 4 Elbe Trail SS Lehigh Drive to Conco Trail 1,300 6 4 Foxchase WS Summerfields to Tulip Tree 580 7 4 Honeybee ES Waxwing to Chaddybrook 230 8 4 Seguin Trail ES Elbee Trail to Trinity Blvd 1,200 9 4 Thames Trail WS Tyne Trail to Saranac Trail 800 10 4 Thames Trail WS Elbee Trail to Trinity Blvd 1,400 11 4 Tyne Trail SS Sabinas Trail to Concho Trail 2,500 12 5 Hampshire Blvd NS Bradley to Griggs 250 13 Various Locations 1,000 34: ;> D t• r :•a: F' SP.. 004-:TOTA[ `2004 A- 8/5/2004 ACORD. CERTIFICATE OF LIABILITY INSURANCE DAT 112/22/04) PRDDucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm. Rigg CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Main St, Suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth. TX 76102-5333 817-820-8100 INSURERS AFFORDING COVERAGE NSURED Westhill Construction, Inc. INSURER A: Amerisure Insurance CO Attn: Ted Reynolds INSURER B: P.O. BOX 2016 INSURER C: Cleburne TX 76033 INSURER D: INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE D V AT MM A GENERAL LIABILITY CPP1324096-4 2/28/04 2/28/05 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE IAny one fire) $ 50000 CLAIMS MADE 51OCCUR MED EXP(Any one person) $ 5000 PERSONAL&ADV INJURY S 1000000 GENERAL AGGREGATE S 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 8 2000000 POLICY X PRO-ECT LOC A AUTOMOBILE LIABILITY CA1324095-4 2/28/04 2/28/05 COMBINED SINGLE LIMIT 8 X ANY AUTO (Ea accident) 1000000 ALL OWNED AUTOS BODILY INJURY S P SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S rX NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY CU1324097-4 2/28/04 2/28/05 EACH OCCURRENCE $ 5000000 X OCCUR F_]CLAIMS MADE AGGREGATE $ 5000000 S DEDUCTIBLE $ X RETENTION S 10000 $ A WORKERS COMPENSATION AND WC201 8729-00 2/28/04 2/28/05 X TORY IM TS IJ- DER L EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1000000 E.L.DISEASE-EA EMPLOYEE $ 1000000 E.L.DISEASE-POLICY LIMIT $ 1000000 A OTHER 2/28/04 2/28/05 PROPERTY CPP1324096-4 IF APPLICABLE SEE BELOW INLAND MARINE IM1324098 IM LMT $237,828, $1000 DED. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT:ANNUAL SIDEWALK CONTRACT AT VARIOUS LOCATIONS FISCAL YEAR 2004-2005 IN FT.WORTH, TEXAS; PROJECT NO. C200-201380012283. THE CITY OF FORT WORTH, TEXAS, ITS OFFICERS, EMPLOYEES AND SERVANTS ARE ADDITIONAL INSUREDS ON ALL POLICIES EXCEPT WORKERS COMPENSATION. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT WORTH, TEXAS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: VICKI MCDONALD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL I_ 1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR FORT WORTH, TX 76102 REPRESENTiNTIVES. AUTH Z EPRESENTATIV ACORD 25-S 17/97) ® RD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insureds), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Engineering No. and City of Fort Worth Project No. C200-201380012283. CONTRACTOR WESTHf L CONSTRUCTION INC. By. Name: Title: �rlrSeyntr Date: I STATE OF TEXAS § COUNTY OF TARRANT § fore me, the undersigned authority, on this day personally appeared r-, x" , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of WESTHILL CONSTRUCTION, INC. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this gday of bejZkLMe 20C+�f . L�� k jkj� Notary Public iri and for the State of 1a as MARILYN K. NEWBY Ndery Public STATE OF TEXAS My Comm.Exp.03x23/2008 Bond No. 75021958 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) WESTHILL CONSTRUCTION, INC. as Principal herein, and (2) GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized under the laws of the State of(3) MICHIGAN, and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of TWO HUNDRED FIFTY THOUSAND FOUR HUNDRED TEN AND NO/100......... Dollars ($250,410.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of DEC " ' 2004 20_--, a copy of which is attached hereto and made apart hereof for all purposes, for the construction of ANNUAL SIDEWALK CONTRACT, VARIOUS LOCATIONS, FISCAL YEAR 2004- 2005. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 21sT day of December , 2004. WESTHI L CONSTRUCTION INC. PRINC AL ATTEST: By: Name: Ted Reynolds (Principal) cretary Title: President (S E A L) Address: P O BOX 2016 '( CLEBURNE, TX 76031 s` \� Witness as to P incipal THE GUARANTEE COMPANY OF NORTH AMERICA USA SURETY ATTEST: By: Name: Teresa Godsey Secretary Attorney in Fact (S E A L) Address: 10235 West Little York, Suite 258 Houston, TX 77040 Witness a o Surety Rosemary Anderson Telephone Number: (713) 466-0093 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE GUARANTEE COMPANY OF NORTH AMERICA USA Grosse Pointe Farms,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Grosse Pointe Farms,Michigan,does hereby constitute and appoint Teresa Godsey,Rosemary Anderson,Carol Noone,Brenda McCaw its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be cenifred so,and may be revoked,pursuant to and by authority of Article 1X.Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December, 2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given. r Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly M called and held on the 31"day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this TEE ate► 00� 7"day of January,2004.THE GUARANTEE COMPANY OF NORTH AMERICA USA �r11 AMEPF STATE OF MICHIGAN Jules R.Quenneville,President County of Wayne On this Ah day of January,2004 before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn,said that he is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seat of said Company;that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North Gail Trevor America USA offices the day and year above written. Notary Public Macomb County,MI Acting in Wayne County,Michigan My Commission Expires j4V L/ August 2,2005 I,Gail E.Latham,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is awe and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 21 Slay of December 2004. TEE C. G 4 9�u(% a Gail E.Latham,Secretary Bond No. 75021958 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1), WESTHILL CONSTRUCTION, INC. as Principal herein, and(2) THE GUARANTEE COMPANY OF NORTH AMEP.ICA USA, a corporation organized and existing under the laws of the State of(3) MICHIGAN, as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of TWO HUNDRED FIFTY THOUSAND FOUR HUNDRED TEN AND NO/100......... Dollars ($250,410.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the day of DEC 2 12004 ,20 , which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: ANNUAL SIDEWALK CONTRACT, VAP.I09TS LOCATIONS, FISCAL YEAR 2004-2005 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 21 st day of December , 7ii4" °� WESTHI CONSTRUCTION INC. PRINC ATTEST: By: Name: Ted Reynolds (Principal) S etary Title: President (S E A L) Address: P O BOX 2016 CLEBURNE, TX 76031 Witness as to Pr cipal THE GUARANTEE COMPANY OF NORTH AMERICA USA SURETY ATTEST: By. Name: Teresa Godsey 'Secretary Attorney in Fact (S E A L) Address: 10235 West Little York, Suite 258 /�z — Houston. TX 77040 s ally iV Witness a o Surety Rosemary Anderson Telephone Number: (713) 466-0093 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. THE GUARANTEE COMPANY OF NORTH AMERICA USA A Grosse Pointe Farms,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Grosse Pointe Farms,Michigan,does hereby constitute and appoint Teresa Godsey,Rosemary Anderson,Carol Noone,Brenda McCaw its true and lawful attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity " and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December, 2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings.contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attomey-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31"day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this �►t jNieEec� 7'"day of January,2004. G % THE GUARANTEE COMPANY OF NORTH AMERICA USA f AM STATE OF MICHIGAN Jules R.Quenneville,President County of Wayne On this 7th day of January,2004 before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn,said that he is the herein described and authorized officer of The Guarantee Company of North America USA:that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, 1 have hereunto set my hand at The Guarantee Company of North Gail Trevor America USA offices the day and year above written. Notary Public Macomb County,MI Acting In Wayne County,Michigan My Commission Expires J(- August 2,2005 I,Gail E.Latham,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is awe and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 2 1 Slay of December 2e04. NAM Gail E.Latham,Secretary Bond No. 75021958 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That WESTHILL CONSTRUCTION, INC. ("Contractor"), as principal, and, THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized under the laws of the State of MICHIGAN, ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas, the sum of TWO HUNDRED FIFTY THOUSAND FOUR HUNDRED TEN AND N0/100......... Dollars ($250,410.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors,jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the of iJtL, z 1 LJU`' , 20_, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: ANNUAL SIDEWALK CONTRACT, VARIOUS LOCATIONS, FISCAL YEAR 2004-2005 the same being referred to herein and in said contract as the Work and being designated as project number(s) and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and,