Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 32121
/ S � 1 CITY SECRETARY CONTRACT NO. -- FORT WORTH F W a SPECIFICATIONS AND CONTRACT DOCUMENTS CONTRACT FOR SPEED HUMPS — PHASE ONE PROJECT No. GGO1-0202501-539i6O DOE NO. 4782 MARCH 2005 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAG R ROBERT D. GOODE, P.E. -DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E. - DIRECTOR DEPARTMENT OF ENGINEERING �-.�'�����zq��y♦) PREPARED BY: Lr DEQ. �- RTM.E,NT OF ENGINEERING ,� rr,i�; f---• �, ORIGINAL i TABLE OF CONTENTS Part A Notice to Bidders Special Instructions to Bidders Part B Proposal Vendor Compliance to State Law Minority and Women Business Enterprise Specifications Part C Special Provisions Part D Certificate of Insurance and Bonds Certificate of Insurance Contractor Compliance With Worker's Compensation Law Equipment Schedule Experience Record Payment Bond Performance Bond Maintenance Bond Part E Contract Appendix Standard Details Speed Cushion Detail Raised Crosswalk Details Speed Hump Sign Sidewalk Ramp Details Traffic Control Plan Rll�RETRY FT. BIRTH, TEX. PART A NOTICE TO BIDDERS AND SPECIAL INSTRUCTIONS TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following: FOR: CONTRACT FOR SPEED HUMPS—PHASE ONE Project No.: GGO1-0202501-539560 DOE #: 4782 Bids should be addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas and will be received at the Purchasing Office until 1:30 PM, Thursday, April 7, 2005 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 Department of Engineering, Second Floor, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. Sets of documents will be provided for purchase for a nonrefundable price of twenty dollars ($20.00)per set. Bid security is required in accordance with the Special Instruction to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM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 nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering 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. 11923, as amended by Ordinance 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contract. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The documentation must be received no later than 5:00 PM, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid nonresponsive. For additional information, contact Mr. Cannon R. Henry at(817) 392-2690. CHARLES R. BOSWELL MARTHA HENDRIX CITY MANAGER CITY SECRETARY A. Douglas Rademaker, P.E. Director, Departiaient of Engineering By ,/ l Bryan Beck, P.E. nager, Design Services Advertising Dates: March 10,2005 March 17,2005 SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the 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. 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. In this connection, the successful bidder shall be required to fw-nish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253,Texas Government Code. In order for a surety to be acceptable to the City,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. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two(2)years after the date of acceptance of the project from defects in workmanship and/or material. 10/27/04 1 p 9 � � TAly R 'W""O4ti H, fix. 3. LIOUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. This project is to be bid by the calendar day. As such, should the Contractor not complete the contract in the calendar days specified, a time charge shall be made for each calendar day thereafter, not as a penalty but as liquidated damages. The preceding shall supersede any and all references made in these specifications and/or the standard street specifications,in regards to liquidated damages. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES:Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit"pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$500,000 each person, r $1,000,000 each occurrence($2,000,000 aggregate limit);Property Damage-$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 10/27/04 2 9. 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. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary -funded or commercial coverage maintained by City shall not be called upon to protection and any self 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. Contractor's liability shall not be limited to the specified amounts of insurance required herein. in. Upon the request of City,Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601 g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 10/27/04 3 "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a 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, and/or the 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. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation)and/or 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 facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3)years. 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid maybe withdrawn until the expiration of ninety(90)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM,and/or the JOINT VENTURE FORM("Documentation")as appropriate is received by the City. The award of contract,if made,will be within ninety(90)days after this documentation is received,but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment(minus retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 14. ADDENDA:Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk of the Department of Engineering Construction Division at(817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. r 10/27/04 4 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a.Definitions: Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in§406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors, leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation, or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 10/27/04 5 f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code, Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on 10/27/04 6 proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules.This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement pian or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms 10/27/04 7 and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS FINAL PAYMENT,PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 10/27/04 8 PART B PROPOSAL VENDOR COMPLIANCE TO STATE LAW M/WBE FORMS BID FORM (continued): TOTAL PAY APPROX. UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 6. 20 EA Furnish and Install Type 3 �� b� Sidewalk Ramps $ 5Qo^ $ 1�:1 7. 10 EA Removal of H.M.A.C. Speed � Humps(Various Width) $ go9 8b- $ 8. 25 EA Removal of H.M.A.C. Speed ap an Cushions (Various Width) $ 100 $ 9. 45 EA Furnish and Install Speed oa _ Hump Signs $ Z4 $ ©� TOTAL BID 00 '1 1 VIA I' I; f Proposal B -2 f PROPOSAL TO: Mr. Charles R. Boswell City Manager Fort Worth, Texas FOR: CONTRACT FOR SPEED HUMPS—PHASE ONE Project No.: GGO1-0202501-539560 Pursuant to the foregoing"Notice to Bidders", the undersigned has thoroughly examined the Contract Documents, specifications, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish l Payment Bond, Performance Bond and Maintenance Bond approved by the City of Fort Worth for performing and 6 completing said work within the time stated and for the following sums,to-wit: t' CONTRACT FOR SPEED HUMPS BID FORM: TOTAL PAY APPROX. UNIT AMOUNT ITEM QUANTITY DESCRIPTION OF ITEMS PRICE BID 1. 25 EA Furnish and Install H.M.A.C. Speed Cushions (28'-35' street) $ 2. 25 EA Furnish and Install H.M.A.C. Speed Cushions (36'-42' street) $ ��}�b'' $ 2`7j 250^� 3. 6 EA Furnish and Install H.M.A.-C. Raised Crosswalks(28'-35' wide street) $ 1(0_50 $ Q9 bC I 4. 9 EA Furnish and Install H.M.A.C. Raised pa t� Crosswalk(36'-42' wide street) $ 1-100— $ 5. 10 EA Furnish and Install Type 1 Lv Do Sidewalk Ramps $ `' $ MCIAL 'IrNC-2 i Proposal ri, WIYARN, VIA. 1 THIS CONTRACT INCLUDES WORK ANYWHERE WITHIN THE CITY OF FORT WORTH. 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. It should be noted that bid quantities of the various items in this proposal are for comparison only and may not reflect the actual quantities. Moreover, there is to be no limit on the variations between the estimated quantities shown and the actual quantities performed or used. In particular, the Contractor shall be aware that it is the City's intention that the quantities in this proposal be used for bidding purposes only. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $100,000 shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be no limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City but will in no case exceed$100,000 including all change orders. This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The undersigned agrees to complete all work covered by these contract documents within One Hundred Twenty (120) Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Proposal B-3 Within ten (10) calendar days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract Documents for the faithful performance of this Contract. The attached bid security in the amount of 5% in the sum of ' °Jk C A 6 Dollars ($ ) is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within One Hundred Twenty (120) Calendar Days after beginning construction as set forth in the written work order to be furnished by the Owner. (Uwe), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted: -Z'x]C By: Title: Address: OE) Telephone: (SEAL) / Date Proposal .•ow, y I �o VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. VSL BIDDER: S rez By: e se prin) PC) f. e g=- Signature: Title: Z�� City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 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 M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 12 % 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 MIWBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no 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/WBE Office at(817) 392-6104. Rev.5/30/03 i ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form_ PRIME COMPANY NAM/E,: Check applicable block to describe prime PROJECT NAME: MMI/DBE NON-MMI/DBE BID DATE C;t�cZ i L4c�'►' a-c: `7�'e r-� �uctl��s - �rLC>S � —T - Z'c) ,5 City's MMlBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER �r % i2 % 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 MNVBEs 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 st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs 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 (MMBE). 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 i ATTACHMENT 1A FORT WORTH Page 2 of 4 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 M W C X M Subcontracting Work Supplies Purchased Dollar Amount T D W Telephone/Fax r B B R O B E E C T E A va�� 76r �� Taz��T S rsslA�fl.9 Sc.. er I"?j' �FJfJ u c r-7i4 G //�99-3 / aP% sinnrnl i ATTACHMENT IA FORTVVORTH Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-MM/BEs. Please list M/WBE firms first,use additional sheets if necessary. Certification P (check one) SUBCONTRACTOR/SUPPLIER T r Company Name i N T Detail Detail Address M W C X r Subcontracting Work Supplies Purchased Dollar Amount Tele hone/Fax T D E Telephone/Fax r E E R O E C T E A } lu 1:10. TR ' Rev.5/30/03 i ATTACHMENT IA FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 13 oc),� Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 9'e�)c1D TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ ZZ/ve_��) 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 MAN/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 subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the MAW/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. Tuthd4zed Signature Printed Signature Title Contact Name/Title(if different) -7- Company Name Telephone and/or Fax Zoo Address E-mail Address City/State/Zip Date o,.., uonfno PART C SPECIAL PROVISIONS CONTRACT FOR SPEED HUMPS-PHASE ONE SPECIAL PROVISIONS TABLE OF CONTENTS -1. Scope of Work 2. Easements 3. Contract Award 4. Bid Quantities 5. Option to Renew 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. Safety Restrictions-Work Near High Voltage Lines 21. Water Department Pre-Qualification Requirements 22. Right To Audit 23. Trench Safety 24. Subsidiary Work 25. Substitutions 26. Temporary Soil Erosion, Sediment and Water Pollution Control 27. Existing Utilities 28. Speed Hump Locations 29. Contract 30. Work Orders 31. Payment 32. Determination and Initiation of Work 33. Work Order Completion Time 34. Liquidated Damages 35. Construction (Non-Pay Items and Pay Items) Special Provisions C-1 SPECIAL PROVISIONS 1. SCOPE OF WORK: The work covered by these plans and specifications consists of the construction of standard speed humps, 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: (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 120. This contract shall be a purchase agreement, with the option of two (2) renewals. 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. 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. In particular, the Contractor shall be aware that it is the City's intention that the quantities in the proposal be used for bidding purposes only. The City does not guarantee the construction of any minimum quantity of work, and may order some or none of the work herein specified. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding and awarding the contract. A contract in the amount of $100,000 shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be no limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City but will in no case exceed $100,000 including all change orders. 5. OPTION TO RENEW: The City has the right to renew this contract for two (2) renewals of $122,000 under the same terms, conditions, and unit prices. The City shall give at least thirty (30) days notice prior to the expiration of 120 days from the date of execution of this contract Special Provisions C-2 or of an option period or a like notice at such time as there is less than $20,000 left unexpended. 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 SPECIFICATIONS 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, 2nd 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 OFHIGHWAYS, 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 Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Special Provisions C-3 j e 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 plans. The furnishing, placing, and maintaining of barriers and warning and/or detour signs by the Contractor will not be paid for directly, but shall be considered subsidiary to the various bid items of the contract. For speed hump 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 Special Provisions C-4 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 C Traffic Control Devices, Vol. No. 1." C 4 14. PARKWAYS: It is required that all parkways be excavated and shaped as required at the same time the speed hump is constructed. Excess excavation will be disposed of at locations k approved by the Engineer. Standard Specification Item 108, "Finishing of Parkways" shall apply. Any parkway shaping is subsidiary to the unit price bid for this contract. r P 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"), 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 u 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. u 17. CLEARING AND GRUBBING: All objectionable matter required to be removed within the right-of-way and not particularly described under these specifications shall 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 ( ) g Special Provisions C-5 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. 4 (b) Quality control testing of in situ material on this project will be performed by the City at k 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. r (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. 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 E 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. h (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. F�T Special Provisions Q P rl• woo 1��• c (d) The Contractor is required to make arrangements with the TU Electric Service Company r for the temporary relocation or raising of high voltage lines at the Contractor's sole cost V and expense. ff (e) No person shall work within ten feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 21. 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. 22. 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, and records of the Contractor F 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 6 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. r 2. More than 50 copies $0.85 for first page plus $0.15 for each page thereafter u (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." 23. 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 Special Provisions C-7 r f 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 d providing"a safe place to work"for the workman. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. The Contractor shall provide all methods used for trench excavation safety protection [ including furnishing, designing, providing all materials, tools, labor, equipment and 6 incidentals necessary, including removal of the system. 24. 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 k 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. 25. 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. 26. 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, and other devices. Such prevention measures Special Provisions C-8 shall be in accordance with the North Central Texas Council of Governments Storm Water Quality Best 11anagement 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. 27. 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 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 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 28. SPEED HUMP LOCATIONS: Locations will be provided during construction. IT IS THE INTENT OF THIS CONTRACT TO CONSTRUCT SPEED HUMPS 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 Special Provisions C-9 r i for the actual quantities of work done and material furnished at the unit prices set forth in the contract. 29. CONTRACT: This Contract shall be a purchase agreement with the option of two (2) renewals. Contract shall not exceed 120 calendar days 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. 30. WORK ORDERS: Work Orders will be issued to the Contractor for work to be performed under this Contract. The Contractor shall start construction within 10 calendar days of F receiving a written work order. The work order shall be deemed complete when the speed hump is installed in accordance with the plans and specifications and to the satisfaction of the Engineer. If more than 2 work orders have not been completed in the required number of r calendar days, then no further Work Order will be issued by the City until all Work Orders are complete. ` 31. PAYMENT: 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, he shall so advise the Contractor in writing, furnishing him an itemized list of all known items, which 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, 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 Department 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. Special Provisions C-10 P I' I 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, which specifically continue thereafter. Bidder's Initials r 32. DETERMINATION AND INITIATION OF WORK: r The Engineer shall determine and designate to the Contractor the location of the speed hump 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) calendar 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. 33. 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. The Contractor agrees to complete the work orders within the allotted number of calendar days. 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 Specirications 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. 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. Special Provisions C-11 35. CONSTRUCTION NON-PAY ITEMS: NON-PAY ITEM No. 1 -PROJECT DESIGNATION SIGNS: The Contractor shall furnish and install two (2) portable Project Designation Signs at each location approved by the Engineer. It will be the responsibility of the Contractor to maintain F 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 4 painted in accordance with the latest standard detail. The quality of the paint, painting and r lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the referenced detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (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 iu construction. G The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The signs shall include all materials, labor, equipment, tools and incidentals necessary to complete the work. NON-PAY ITEM No. 2 - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this Contract. NON-PAY ITEM No. 3 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this Contract. NON-PAY ITEM No. 4 -PROTECTION OF FENCES, TREES,PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including fences, lawns, yards, shrubs,.trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. However, no direct payment will be made for this item and it shall be considered incidental to this Contract. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street right-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class 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 Special Provisions C-12 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. PAY ITEMS: The City shall have the right to increase or decrease of the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted, and no allowances will be made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. Contractor is responsible for means, methods, and safety during construction. Contractor shall notify inspector in advance of all speed hump and sidewalk ramp work. Inspector must be present when HMAC or concrete is placed on the project. The Contractor shall conduct his operations so as to impose a minimum interference to traffic. The Contractor shall use wood or metal forms to ensure uniform speed hump dimensions. Work requiring street barricading will only be allowed during daylight hours (9:00 A.M. — 4:00 P.M.) in the Central Business District (CBD), arterial streets, and near schools. Contractor shall be allowed to close only 50% of the street at a time to construct speed humps. FURNISH AND INSTALL H.M.A.C. SPEED HUMPS, RAISED CROSSWALKS, AND SPEED CUSHIONS: These items shall consist of installing H.M.A.C. speed humps, raised crosswalks, and speed cushions according to the plan and profile as shown on the detail sheet. Locations will be provided during construction. The unit price bid per each shall be full compensation for hot tape, reflective buttons (reflectors), H.M.A.C. Type D surface course, compact tack ss-1, kraft brown paper — 36" wide 401b paper to keep curb & gutter clean, vibratory hand roller, and all materials, labor, equipment, and incidentals necessary to complete the work. Special Provisions C-13 Contractor shall notify the Construction Engineer 72 hours prior to installing any speed humps. Inspector must be present when HMAC is placed on the project. The Contractor shall conduct his operations so as to impose a minimum interference to traffic. The Contractor shall use wood or metal forms to ensure uniform speed hump dimensions. No HMAC material shall be placed when the air temperature is below sixty (60) degrees Fahrenheit and is falling, but may be applied when the air temperature is above fifty (50) degrees Fahrenheit and is rising. Asphaltic material shall not be placed when general weather conditions, in the opinion of the Engineer, are not suitable. CONCRETE SIDEWALK RAMPS (TYPE 1 AND TYPE 3): 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 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 uniform color distribution. The Contractor may also use a brick red concrete stain in accordance with manufacturer's instructions. 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. SPEED HUMP SIGNS: This item shall consist of the installing of Speed Hump Signs at various locations throughout the City of Fort Worth. All signs shall be installed with a PIONJAR motorized drill/breaker Special Provisions C-14 U or equivalent machinery that is cable of driving and removing signposts as deemed necessary. The Engineer or a City Representative will determine locations of all Speed Hump Signs. The unit price bid for each sign shall be full compensation for furnishing all materials, application, labor, equipment, and incidentals necessary to complete the work. It li CITY �"K-J-IMAIY u I G , .tlH t„IMF., 44d�pp q Special Provisions , fix, PART D CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW EXPERIENCE RECORD EQUIPMENT SCHEDULE PAYMENT BOND PERFORMANCE BOND MAINTENANCE BOND ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 6!13!05 PRODUCER 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 vsuREo INSURER A: Amerisure Mutual Insurance Co. Westhill Construction, Inc. Attn: Ted Reynolds INSURER B: Amerisure Insurance Co. P.O. Box 2016 INSURER C: Cleburne TX 76033 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPOLICY EFFECTIVE POLICY EXPIRATION `TR TYPE OF INSURANCE POLICY NUMBER DATE MM DD Y) DATE MM DD Y LIMITS A GENERAL LIABILITY CPP1324096 2/28/05 2/28/06 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50000 CLAIMS MADE [A]OCCUR MED EXP(Any one person) $ 5000 PERSONAL&ADV INJURY S 1000000 GENERAL AGGREGATE S 2000000 ,I GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2000000 POLICY I—XI PES LOC A AUTOMOBILE LIABILITY CA1324095 2/28/05 2/28/06 COMBINED SINGLE LIMIT $ 1000000 X ANY AUTO (Ea accident) �.- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY CU1324097 2/28/05 2/28/06 EACH OCCURRENCE $ 5000000 X OCCUR 1:1 CLAIMS MADE AGGREGATE $ 5000000 S DEDUCTIBLE $ X RETENTION S 10000 S -A WORKERS COMPENSATION AND WC2018729 2/28/Q5 2!28/06 X JIT RY LIMITSOER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1000000 .I E.L.DISEASE-EA EMPLOYEE S 1000000 E.L.DISEASE-POLICY LIMIT $ 1000000 A OTHER 2/28/05 2/28/06 I INLAND MARINE IM1324098 INLAND MARINE LIMIT: $237,828 $1,000 DEDUCTIBLE IESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONTRACT FOR SPEED HUMPS PHASE ONE 2005 FORT WORTH, TEXAS. � PROJECT NO. GG01-0202501-539560 THE CITY OF FORT WORTH, TEXAS, ITS OFFICERS, EMPLOYEES AND SERVANTS ARE ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS' COMPENSATION. r;ERTIFICATE 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 IATTN: VICKI MCDONALD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR FORT WORTH, TX 76102 REPRESENTIlkTIVES. SI AUTH Z REPRESENTATIV €'il %CORD 25-S (7/97) O RD CORPORATION 1988 f 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. 4782 and City of Fort Worth Project No. GG01- 0202501-539560. CONTRACTOR Westhill Construction Inc. By Name: Title: Date: STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared h f � 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 r day of �A, 20 F) . —Mcm Notary Public and for the State of T s MARILYN K. NEWBY o , Notary Public STATE OF TEXAS My Comm.Exp.03/23/2008 EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety Bond No. 75020648 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 One Hundred Thousand and no/100s Dollars ($ 100,000.00 ) 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 31 st day of May, 2005, a copy of which is attached hereto and made a part hereof, for the construction of. Contract for Speed Humps — Phase One 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 t 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 31st day of May, 2005. WESTHILL CONSTRUCTION INC. PRINC IL TTEST: By: Name: Ted Reynolds (Principal) Secretary Title: President (S E A Q Address: P.O. Box 2016 Cleburne, TX 76031 Witness as to Principal Address THE GUARANTEE COMPANY OF NORTH AMERICA USA SURETY ATTEST: By: Name: Teresa Godsey (Surety) Secretary Attorney in Fact (S E A L) Address: 101 E. Park Boulevard Suite 817 Plano, TX 75074 Witness as to Surety Telephone Number: (972) 423-4851 777 Main St, Ste C-50, Fort Worth, TX 76102 (Address) NOTE: Date of Bond must not be prior to date of contract (1) Correct name of 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. Bond No. 75020648 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)_ GUARANTEE COMPANY OF NORTH AMERICA 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 One Hundred Thousand and no/100s Dollars ($ 100.000.00 ) 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 31 st day of May, 2005, 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: Contract for Speed Humps — Phase One 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 z 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 31 st day of May, 2005. WESTI N L CONSTRUCTION INC. PRIMATTEST: By: Name: Ted Reynolds (Principal) retary Title: President (S E A L) Address: P.O. Box 2016 Cleburne TX 76031 Witness as to Principal THE GUARANTEE COMPANY OF NORTH AMERICA USA SURETY ATTEST: By: Name: Teresa Godsey Secretary Attorney in Fact (S E A L) Address: 101 E. Park Boulevard Suite 817 Plano, TX 75074 Witness as to Surety Telephone Number: (972) 423-4851 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. Bond No. 75020648 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That WESTHILL CONSTRUCTION INC. ("Contractor'), as principal, and, 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 One Hundred Thousand and no/100s Dollars ($ 100,000.00 ), 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 31st of May, 2005, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Contract for Speed Humps— Phase One the same being referred to herein and in said contract as the Work and being designated as project number(s) GG01-0202501-539560 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, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each of which shall be deemed an original, this 31st day of May, A.D. 2005. ATTEST: WESTHILL CONSTRUCTION, INC. (S E A L) Contract Q� By: „ Secretary Name: Ted Reynolds Title: President THE GUARANTEE COMPANY OF NORTH AMERICA USA ATTEST: Surety (S E A L) n By: � ;�� "aa-, roti Secretary Name: Teresa Godse Title: Attorney-In-Fact 101 E. Park Boulevard, Suite 817 Plano, TX 75074 Address �, "ORTH, TEX. 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 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 Attorney(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. 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 rEEcoy 7'"day of January,2004. THE GUARANTEE COMPANY OF NORTH AMERICA USA o J �0RA{AMER�P 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, 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 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 a true 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. t IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 31 Sly of May 20 05 0TEE0 4J 0� AMEa�`P Gail E.Latham,Secretary CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the 31st day of Mav A.D., 2005, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the I 11 day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner,Westhill Construction, Inc., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Contract for Speed Humps--Phase One 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligencea � � commencement thereof and to fully complete and finish the same ready for the inspection and a the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 120 Calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of$154 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds fo performance of the terms and stipulations of the Contract and for the payment to all claimi r9 C171Y 6E�`,P FY. 1"Vi6-iUH, �� , and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a ' surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding) alternates n/a, shall be One Hundred Thousand and NO/100...................................................Dollars,($100,000.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. ` 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the 31st day of May,A.D.,2005. RECOMMEN E . , CITY OF FORT WORTH BY: DIRECTOR,DEPARTMENT OF CITY MANAGER ENGINEERING APPROVED: f O/ Mare A. Ott, ssistan Clity Manager TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: Westhill Construction,Inc. PO Box 2016 Cleburne,TX 76031 CONTRACTOR Cle2;�( CITY SECRETARY (SEAL) Contr3St Authorization BY: Date _ ?2, ei7teelT TITLE APPROVED AS TO FORM AND LEGALITY: ADDRESS ASST. CI T ORNEY November 1960 Revised May 1.986 Revised September 1992 N PART E CONTRACT CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT This agreement made and entered into this the day of A.D., 20 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ Per calendar day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal in' including death, arising out of, or alleged to arise out of, the work and se i lCIwL REMS CITY 'Mr-P , ff to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the ngg ence or alleged neg&ence of Owner, its officers, servants, or employees, Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part bK the neq/gence or aMe ecr d negkence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates shall be Dollars, 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the day of , A.D., 20 r RECOMMENDED: CITY OF FORT WORTH BY: DIRECTOR, DEPARTMENT OF CITY MANAGER ENGINEERING APPROVED: TRANSPORTATION/PUBLIC WORKS DIRECTOR ATTEST: CONTRACTOR CITY SECRETARY (S E A L) BY: TITLE APPROVED AS TO FORM AND LEGALITY: ADDRESS ASSISTANT CITY ATTORNEY November 1960 Revised May 1986 Revised September 1992 l 9 l 6 APPENDIX Standard Details Speed Cushion Detail Raised Crosswalk Details Speed Hump Sign Sidewalk Ramp Details Traffic Control Plan IA 12 CORD OffiCA MY Nbr p ly I PLAN VIEW BACK OF BACK OF CURB CURB (Varies) (Min.28' Max 42') 2' (Varies) 2'-7.5" 61-3" 2'-7.5" (Varies) 2' (TYp) (T p.) (Ty p.) `t 1 12" WHITE HOT TAPE (AVERY DENNISO OR EQUIVALENT) t 1 N ' _ 3-,3_a:15F.�•S:f> -"4•_ .�S's N ? 1 N } Striping and reflectors to be installed by the Contractor " ? 12" WHITE HOT TAP (AVERY DENNISON OR EQUIVALENT) WHITE TYPE II 1-SIDED REFLECTORS j Overall length Overall width y DEPARTMENT OF TRANSPORTATION Height: 3112" inches AND PUBLIC WORKS CITY OF Ramp Gradient: 8.57 in 1 (30 inches / 3-112 inches height) TRAFFIC ENGINEERING FORT WORTH Side Gradient: 3.43 in 1 (12 inches / 3-112 inches height) SPEED CUSHIONS D WX IT: '-January January 15,2004 OMoveoer: DRAWING NOT TO SCALE i PLAN VIEW 4 ' B o 10"Spacing -' Between Buttons I 72" 36" e a e ° ° °° ° ° A 7 C, A T h F- I -&), --1 TYPE 1 27" 8" 54" 27" TYPE I 1 RAMP o in RAMP ° 3 o° °°C ° ° ° °° 01 ° B ° ° 12"WHITE TYPE II CROSS SECTION A-A 3.5" Back of Curb 42" 30'-40' 42" TYPE I TYPEI RAMP RAMP CROSS SECTION B-B Travel M3' 10' 3' RAISED CROSSWALK DETAILS 1 SPEED SPEED HUMPS HUMPS AHEAD AHEAD I O 0 20 0 M..P.H. O 0 o OO 0 0 O O 0 0 0 O O O ,, O 0 O 0 0 O O O 6' O O O O O O 0 0 0 O O O One hole showing above One hole showing o ground above ground c iii ,�'—•., o — y �. I — o II — 11-11 O o O O O o —1_2J Y2" 2I° Tubing, 2 Y?" Tubing 3 o 16' length o 3' 0 16' length 0 d0-0 \— 0 (Min.) (Min.)0 2 Ya Tubing, 2 Y4" Tubing, 36" length 36" length TOP VIEW TOP VIEW One Corner Bolt � One Corner Bolt 10' 1 Two Rivets Two Rivets i ORTWORT TYPICAL — SPEED HUMP SIGN oa/�oo4' KIA& 9 . wu , ATTENTION: CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & 60. %P- HAIR WH C�l RAMP �) STANDARD 1 TAILS i CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992, REDRAWN OCTOBER 2002 i j w N m o �-- z a: 0 N N O < U O V) U J OJ O 0¢ J Q w m CO m U � p Q Q o � � w o V) UC V g Y ao LLJ w w U > w J ~ Q O v) Q O Z = p = F— F- Fn w N = X v w F=-- m OQ r Z z aF- Z D3 � F- N O O Q 2 OLLIZ F- J w LLJ 0_ O S CL U F- Q N �ij w � 0 :EF- Q w .sz of .o m o-m > = w 0 V) Maor+ eanD D w Z W Ow w = � d w0 2 w (n U U LL.w O 3 J z N � JO J No Of] �a � QU o m Fa_. (n J Ld= z oU F- W zF- o U 5 CL JQ p Q XLLO Lf) LLI U m Q Z Z J Q w ¢ O ¢ Z p U U U Q O O o g\N — z w ~ J W J O pLLI m ��l W O O m W F- V) V) p U. U Z O zw o z w zcnw W o E-y 0o f- p p o a- � Qa F= c p4 �_ <r w Of V)Ld v / Z) m 1�c LL) M I V F- K 1� J .- X z o E-4 oUz a n � < c I_1. 0_ . w � Q co cy- � O � w � m w Q o0 W U c� U w O i 7 EXISTING 15' R SCALE 1" = 5' SIDEWALK RAMP W/ COLORED SURFACE NOTES 1) EXPANSION JOINT AND SILICONE SEALING SHALL BE SUBSIDIARY TO UNIT PRICE BID FOR SIDEWALK. EXISTING CURB AND GUTTER 2) THE ACTUAL LIMIT OF REMOVAL OF EkIST -ING CURB AND GUTTER AND SIDEWALK SHALL BE AS DIRECTED BY THE ENGINEER IN THE FIELD. 3) MONOLITHIC CURB OR. FLARED SLOPES MAY BE 6„ INSTALLED ON BOTH SIDES OF THE RAMP DEPENDING ON THE FIELD CONDITION OR AS DIRECTED BY THE ENGINEER. 4) CURB RAMPS WITH RETURNED CURBS MAY BE 18" OR 24 USED WHERE PEDESTRIANS WOULD NOT NORMALLY WALK ACROSS THE RAMP. .5) SLOPE OF CURB RAMP AND/OR SIDEWALK SAWCUT FOR SHALL BE A MAXIMUM OF 1:12. FLARED SIDES CONCRETE OF RAMP SHALL HAVE A MAXIMUM SLOPE OF PAVEMENT 1:10, UNLESS PEDESTRIANS COULD WALK ACROSS THE RAMP THEN THE MAXIMUM SLOPE SHALL BE 1:12. 9. SODDING AS REQUIRED j 9 ACK OF Or- PROP. CURB MONOLITHIC SIDEWALK CURB ONOLITHIC CURB OR FLAIR ED I (SEE NOTES) i ply ONOLITHIC pCURB Ul FLARED R oy �`� SEE NOTES) 1 FLARED SURFACE OR CURB SODDING a• AS REQUIRED pq� ACK OF PROP. CURB A TRq FACE OF PROP. 7" CURB . 0 6 SPA LIMIT SAWCUT FOR HMAC PAVEMENT C & G STANDARD PAY LIMIT DETAIL ORT WORT CITY OF FORT WORTH, TEXAS DATE 09/2004 ACCESSABILITY RAMP - PAY LIMITS STR-032 _1 EXISTING 15' R SCALE 1" = 5' SIDEWALK RAMP W/ COLOREO SURFACE NOTES 1) EXPANSION JOINT AND SILICONE SEALING SHALL BE SUBSIDIARY TO UNIT PRICE BID FOR SIDEWALK. EXISTING CURB AND GUTTER 2) THE ACTUAL LIMIT OF REMOVAL OF EXIST -ING CURB AND GUTTER AND SIDEWALK SHALL BE AS DIRECTED BY THE ENGINEER IN THE j FIELD. 18" OR 24" i SAWCUT FOR CONCRETE PAVEMENT j SODDING AS REQUIRED BACK OF PROP. CURB 3 MONOLITHIC SIDEWALK CURB GROOVE 1[4' WITH JUOINTING TOOL GROOVE 164" WITH JOINTING � TOOL SODDING AS REQUIRED EXPANSION JOINT & SILICONE SEALING ZI-BACK OF PROP. CURB FACE OF PROP. 7" CURB SAWCUT FOR HMAC PAVEMENT JOINT DETAIL a . ORT 'rORTCI Y OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP - JOINT DETAIL STR-033 l (a) PERPENDICULAR PUBLIC SIDEWALK CURB RAMP i b FLARED SIDE PARALLEL PUBLIC SIDEWALK CURB RAMP 1 L !0 Leve!Landing at Top of Perpendicular Public Sidewalk Curb Ramp _r— y (c) COMBINED(PARALLEUPERPENDICULAR)PUBLIC SIDEWALK CURB RAMP Mg.59 Public Sidewalk Curb Ramp 1 . ORT WORT CITY OF FORT WORTH, TEXAS D 09/2004 ACCESSABILITY RAMP TYPICAL CROSS SECTION S +� ATTENTION: CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & 60. 14.2.6 Vehicular Ways and Facilities I 0 JJ 1 � . a t � . a f o I o (a) (b) ? Perpendicular public sidewalk curb ramp Perpendicular public sidewalk curb ramp in public sidewalk with parkway in public sidewalk 0 0 0 ` 0 C O 1 I (b) (c) arallel public sidewalk curb ramp Combination public sidewalk curb ramp Perpendicular public sidewalk curb ramp in public sidewalk in public sidewalk with parkway at protected intersection I i Fig. 60 Public Sidewalk Cirb Ramps at Marked Crossings ORT WART CITY OF FORT WORTH, TEXAS ACCESSABILITY RAMP +..I, t I FIGURE 60 S � , R " 1 i X Y RUNNING SLOPE RUNNING SLOPE 1:20 MAX 1:12 MAX COUNTER SLOPE 1:20 MAX i J WALK CURB RAMP STREET NOTE: (1) Slope = y/x where x is a level slope (2) Counter slope shall not exceed 1:20. Fig. B4.7.2 Measurement of Curb Ramp Slope l PLANTING OR OTHER NONWALKING SURFACE X FLARED SIDE 1 10 NOTE: If X < 48" (1220 mm) then the slope of the flared sides shall not exceed 1:12 (a) Flared Sides (b) Returned Curb Fig. B4.7.5 Sides of Curb Ramps 36 min t 915 i I � 1 10 Fig. B4.7.6 Built—up Curb Ramp OCTOBER, 1992, REDRAWN OCTOBER 2002 FORT WORT CITY OF FORT WORTH, TEXAS DATE: 09/2004 ' ACCESSABILITY RAMP - RAMP SLOPE DETAILS STR-036 f ATTENTION: CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS WHERE FEASIBLE. SEE FIGS. 58, 59 & 60. TYPlk0-'/ AL AYO. UT -S J j CITY OF FORT WORTH, TEXAS - CONSTRUCTION STANDARD OCTOBER, 1992, REDRAWN OCTOBER 2002 TYPE I EXISTING 15' R. SCALE 1" = 4' PROP. 4' RAMP WITH a COLORED SURFACE z 0 J z i U 1:48 1:12 1:12 i s 1 VARIABLE HEIGHT CURB 1 1/2' R. (TYP) FORT`PORT CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP - TYPE I (W/15' RADIUS) STR-037 TYPE I EXISTING 20' R. x SCALE 1" = 4' .a PROP. 4' RAMP WITH z COLORED SURFACE 0 H z 0 1:48 1:12 r VARIABLE HEIGHT CURB 1 1/2' R. (TYP) FO�tT WORT CITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP - TYPE I (20' RAD.) STR-038 EXISTING CURB do GUTTER TYPE III EXISTING 15' R. . i SCALE 1" = 4' SIDEWALK RAMP WITH COLORED SURFACE t 18" OR 24" 1 ® BROOM FINISH ! SAWCUT FOR HMAC PVMT. HMAC TIE—IN g" SODDING AS REQUIRED BACK OF PROP. CB. 1:12 MONOLITHIC CURB a 1:36 co —+-- 1 .r • W 12 1:48 SODDING �- AS REQUIRED BACK OF PROP CURB FACE OF 7" CURB �SAWCUT STING CURB :GRE FOR CONCRETE PAVEMENT CITY OF FORT WORTH, TEXAS Cp ii FORTwORT ACCESSABILITY RAMP - TYPE III (15 RADIUS) �1�i19� wo I "1 TYPE III EXISTING 20' R. EXISTING CURB SCALE 1" = 4' & GUTTER SIDEWALK. RAMP WITH. COLORED SURFACE 18" OR 24" ® BROOM FINISH H MAC PVMTR HMAC TIE-IN -6" SODDING AS REQUIRED BACK OF PROP. CB. i r j 1:12 VARIABLE HEIGHT CURB ap _ � 1:36 lm j ^ti 1:12 1:48 EXISTING CURB & GUTTER SODDING AS REQUIRED BACK OF PROP CURB FACE OF 7" CURB SAWCUT FOR CONCRETE PAVEMENT ORT WORTCITY OF FORT WORTH, TEXAS DATE: 09/2004 ACCESSABILITY RAMP - TYPE III (20' RADIUS) STR-040 OD I y •� ESS In 3 { - Q- jE.11 V i CL a �`figo000oonno �.". 8E SII .t o g cr '4 ` '6= zn Q - 5$ a E a r s g�boc 6 Zn o �; N v 88b tI 3_w -- °� Js �� g �p =� �E s•o� ,,. a as=�- o Y, o —•—•—-—-—-—-—-— —-;-:-- a—,La-.,--l--•-------•---•------- - a§ §gv o< - hb68�E�a vin.0a Z/% Lv+K L japinp4S • • � � STT r� ■ .Tv - ^ O — — — — — — — — — — — — — — — — — — — — N to N CL U U JaPIno4S ~ L Z/< oa4 - Z/x ,� - L Q; .+ H g .oi yJO. .Oc 7 t/t %C vL — — — — — — — — — — — — — -- — — — — — — N O CL O Jap IIIOUC U � L Y n; S fi I-' vin.00 o.JOY n a %[oa eY = x � _ L bbz • • • • Jaolnous O N a_ � a o U N Jaa 111P45 L 2 3 )I uv )Oul llns.J.anounv Ja nraJ w; JO) JPj J.410 PL P--,L •IV1 /° uo l2+anwona Jo)J<l�lla;2voasaJ ou +un o'100+L)P 1oW a oa Jno A .Jo,.LOO.1<Q Dow 11 Pu:Y 1%] W & L <uP)n Few J+Dn QY l r aollPo+Y G j....1O.3 .......4t<Q P_,...D n, PJ4)PpvDl9 .1 /o a D ayl IYO 13111 N (R of tl3nlll]S IO :Y] 1]]1 L 1 rH0 13110) ..._........s L r MD iL N 3 F o g �- 5p o n Q - y •F oE�:��SS o oSxo�F`: ¢a O a -_ �� � U Lc hB. 6$fib�� o g •6rn` tFfis �x Z h-- ; � ■ �( � � .r - o c a 6 6 Z3 b c $L..�_ ; <�WO -x 1. in t Y:e O + \ L 3 Ln N >le . _ , exp • ow O \ ac ru i i i a n.OD 0 o t ■_ _ • _ _ _ _ — a O N• +-v ° F U � ,- r o F Cl O x aw z oo Q O O �l V _.g o T o vl 3 m 5` J vtox vin zix ••an.oa x x x p 0 v- - a.0 0 + O tl U �::Jy > c o 3: or 0 ag g �ga S 0 a i 14!i sib marl eu:un.a�.ao°unp• uinsu lauioaul .i°I �o vluu�oJ ,wlo of A. nY.. +°J L1!I!9:.+oosa,w °IOe.I °f l°W aao°YxJ xuo�°/ 1011�l FG aG�v; pv!Y x3 �ICln�jo,(4wo+ton.. '.lar aallxld'WI—UIe 3 xo.aL. wl L°O--i 'I --lf 9! l Jo a aul :Ye 131j'I M 9 K at f M1r13510 'aa 133Y tlf f[. mel 9 f r clt l� l - S EF . o00om 2a b N £ •C g s'a8s Z O 4 ' fV 8 a s =ay o aQ R pZn _ Ss p _ a - ePx xai 3�a` -' r _ - a k ag p - a- d S _ U r- �P S b b8.o.• ""o v u, ? g031 -z—' i o 0 a a at _i`_ 8 '' J gpg g o o N o 8� L[it Sal dhas �°b��5o5a ,n N Fb N �V�JJ �z X x x r to i Q) .Er �apirous ® 03 ^c; .• , 3 CL 0 FU-• J H _ ,aplrous 0, ~-j $gE�e_8 �•_ a,o8 gf a td! 41-9 'NIX % / ,a. Ih 2/% l % % x Jao lnoy5 ® •• � N v N aouam a u3 N ~ v — — — a o0 o�Y U JL _ �aoirous C N • n s+l uC,l 0u1l lnf a,9a0ouDp K fL�M.J+�i,IO.U! ,O) ,p sldulo/ JW.o oa pApupyC.!4l!p upivanuo.aui ,n/Fa:1:VlcwEsa,ou mn.vo y0aal aap.arnv amd,np tvp ♦ol l00'1�Q apow.1 pury ry313111U, Fvo +o xyw„ow oN •.,aa—14—d Oui,aaulau3 Soya+•,a t RG paul...a.1 o,opuoaf.;ua ya a X3111 l•y .3n1.1]Sla •gin r<t: c.+.r r E: Q' Z j3 F 5 �5 �bg�o om o .oic 9 6 ;nQ � ,on - b � - h�� EEo 3g�F-FFg K pp,�i• � 0 M 4 -dao �4 IZ�! % I axe JaDIVWS ®. o� a- - i i NN3 v C CL UJB J>P!nPYs � tg Fig zC`L v Ye LN V • Nry u bb�JV -x 8 \ 'Nln OaJr Z/' ! / .001 LJOy N!^ Z/% I o °0 — o N ~ vcc g 00 ,.rte V J L Jwlnws _ C (1) oat x s� 9L1 uaJl Eul Lini>J 9.DounP Je 91!....3 >ul JOI JO 9LdoJa{ JWLo 01 DJODuo45 f141{o au{ JD1 .CL!!Iq!9uo09aJ W eun D!00•l , av{Du_uvogJro xUD Jo{ 100v1 xq• Pu!Y .y] 131!J 9if % 'fRVoulo/fLUDJJon o '.3DI>0!10PJd,OV IJaaulDu]9D.ala W1 %q PauJ>n00 al DJPPUDL9 91V1D� a41 .MO R WWW1,,CFWN",0."t, �. Rome I Council Agenda } Directory Morning i 1 t Ads c t T Print M&C COUNCIL ACTION: Approved on 5/31/2005 DATE: 5/31/2005 REFERENCE NO.: **C-20769 LOG NAME: 30WESTHILLHUMP CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with Westhill Construction, Inc. for Contract for Speed Humps— Phase One RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Westhill Construction, Inc. in the amount of$100,000.00 for the construction of speed humps— phase one. DISCUSSION: The City Council authorized $137,734 in the Transportation/Public Works operating budget for the construction of speed humps in the Fiscal Year 2004-2005. The funds will be used to promote safer streets within City neighborhoods. The work to be performed under this contract consists of replacing and constructing speed humps, raised crosswalks and signs in various locations throughout the City. The contract documents included a stipulationthat the total quantities listed may not reflect actual quantities and are based on the budgeted amount of$100,000.00. Final payments will be made based on actual measured quantities. Funding will be provided individually for each work order prior to its release. The bid documents also included a stipulation giving the City the option to renew this contract two times under the same terms, conditions and unit prices. This project was advertised for bid in the Commercial Recorder on March 10 and March 17, 2005. On April 7, 2005, the following bids were received for contract for speed humps —phase one. Bidders Bid Amount Time of Contract Westhill Construction, Inc. $100,000.00 120 Calendar Days Brock Paving $125,300.00 The low bidder, Westhill Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 13% M/WBE participation. The City's goal for this project is 12%. In addition to construction costs, $6,000.00 is required for DOE inspection charges. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539560 0202501 $100,000.00 Submitted for City Manager's Office by Marc Ott(8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker (6157) ATTACHMENTS