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Home My WebLink About040000 - Construction-Related - Contract - Westhill Construction, Inc.- - CITY SECRETARY FORT wo·RTH CTNO. ~oaoo SPECIFICATIONS AND CONTRACT DOCUMENTS TRAFFIC CALMING SPEED HUMP INSTALLATION SERVICES CONTRACT INVITATION TO BID 08-0301R MIKE MONCRIEF MAYOR DUE: MAY 14, 2009 DALE FISSLER P .E. CITY MANAGER WILLIAM VERKEST P.E. -DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS PREPARED BY: DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS RECORD =c EARY T. fH, TX - M&CReview Page 1 of2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH ~ COUNCIL ACTION: Approved on 9/29/2009 DATE: 912912009 REFERENCE NO.: CODE: C TYPE: C-23697 (Revised) NON- CONSENT LOG NAME: PUBLIC HEARING: 20TRAFFICCALMING NO SUBJECT: Authorize a Contract in the Amount of $70,000.00 with Westhill Construction, Inc., to Install Speed Cushions and Raised Crosswalks at Various Locations in the City of Fort Worth for Traffic Calming RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $70,000.00 with Westhill Construction, Inc., for 365 days for the installation of speed cushions and raised crosswalks at various locations in the City of Fort Worth for traffic calming. · DISCUSSION: Various locations in the City have qualified for installation of speed cushions or raised crosswalks under the Neighborhood Traffic Management Program. Ballots were distributed in the neighborhoods of those qualifying locations for citizen approval. This project was advertised in the Fort Worth Star-Telegram and bid on April 15, 2009 and April 22, 2009. On May 14, 2009, the following sole bid was received: Bidder Westhill Construction, Inc. Bid Amount $130,500.00 Term of Contract 365 Calendar Days During its September 1, 2009, meeting the City Council deferred action on this contract, pending additional evaluation and justification of the Traffic Calming process. City staff met with Council Members of those Districts in which new speed cushions and/or raised crosswalks were being proposed. Adjustments were made to the initial project list based on the preference of the Council Members. In addition, traffic calming measures that had been planned for two streets that are scheduled for reconstruction have been cancelled. The contract now being proposed includes $52,500.00 for the installation of 39 speed cushions and five raised crosswalks and $17,500.00 for maintenance to existing speed humps and cushions. Signs, pavement markings and engineering inspection are included. Westhill Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing 22 percent to M/WBE participation. The City's goal for this project is 1.2 percent. · FISCAL INFORMATION/CERTIFICATION: The Financial Management Services 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 $70,000.00 http://apps.cfwnet.org/ council _packet/me _review .asp?ID= 12497 &councildate=9/29/2009 11/3/2009 - M&CReview Submitted for City Manager's Office by: ... Originating Department Head: Additional Information Contact: ATTACHMENTS 20TrafficCalming. pdf Fernando Costa (6122) William Verkest (7801) Randy Burkett (8712) http://apps.cfwnet.org/ council _packet/me _review .asp?ID= 12497 &councildate=9/29/2009 Page 2 of2 11/3/2009 Part A PartB PartC PartD PartE Appendix TABLE OF CONTENTS Notice to Bidders Special Instructions to Bidders Bid Vendor Compliance to State Law Minority and Women Business Enterprise Specifications Special Provisions 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 Contract Standard Details Project Designation Sign Speed Cushion Detail Raised Crosswalk Details Speed Hump Sign Sidewalk Ramp Details Traffic Control Plan Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 2 of63 NOTICE TO BIDDERS Sealed bids for the following: FOR: TRAFFIC CALMING CONTRACT INVITATION TO BID 08-0301R Bids should be addressed to Mr. Dale Fissler, P.E., City Manager of the City of Fort Worth, Texas and will be received at the Purchasing Office until 1:30 PM, Thursday, May 14. 2009 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Specifications and Contract Documents for this project may be obtained at the City of Fort Worth Website. 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 ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR W AIYER 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. A contract pursuant to this solicitation, if awarded, shall be based on the City's evaluation criteria of price, past performance and experience, financial and technical resources and compliance with all legal and other bidder requirements. The successful bidder must be responsive to the terms of the solicitation and must demonstrate that he/she is a responsive bidder. A responsive bidder is defined to be one who submits a completed sealed bid packet within the stated time deadline and in accordance with the bid specifications. A responsible bidder is defined to be one who demonstrates via his response to the selection criteria has ability to successfully deliver the supplies, equipment, or services being produced. Bidders are solely responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the Bid Pricing form . Bids that do not acknowledge receipt of all Addenda may be rejected as being nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Transportation and Public Works Department at (817) 392-6151 or via the City's website: www.fortworthgov.org. Bidders shall submit the entire bid document, with appropriate sections completed or bidder could be deemed 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. Questions regarding this solicitation shall be addressed to Chuck McLure by email: charles.mclure@fortworthgov.org or phone: 817-392-8065. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 3 of63 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 nomesponsive . For additional information, contact City of Fort Worth M/WBE office at 817.392.6104 DALE FISSLER, P.E. CITY MANAGER Advertising Dates: April 15, 2009 April 22, 2008 MARTY HENDRIX CITY SECRETARY \VILLIAM VERKEST, P.E. DIRECTOR TRANSPORTATION &PUBLIC WORKS DEPARTMENT Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 4 of63 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 furnish 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. 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$100,000.00 (One-hundred thousand dollars) 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 proofrequired 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$100,000.00 (One-hundred thousand dollars), 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. 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects . 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. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 5 of63 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) prohib iting di scrimination 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 2'.f58 , 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 shall be required by the Transportation and Public Works Department if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement shall 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 lnjury-$500,000 each person, $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. 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. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 6 of 63 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 protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents . 10 . NON-RESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident 's principal place of business is located. ''Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds . The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications . The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a compliance 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. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 7 of63 AW ARD OF CONTRACT: A contract pursuant to this solicitation, if awarded, shall be based on the City's evaluation criteria of price, past performance and experience, financial and technical resources and compliance with all legal and other bidder requirements. 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 ofninety (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. 12. 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. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 14 . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certain of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether the 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 Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 8 of63 (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ( 4) obtain from each other person with whom it contracts, and provide to the contractor: ( a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ( 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions . k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity . Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 9 of63 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 BA-21 through BA-29), prohibiting discrimination in employment practices. 17 . AGE DISCRIMINATION: In accordance with the policy ("Policy") ofthe Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents , or employees, will engage in performing this contract, shall , in connection with the employment, advancement or discharge of employees or in connection with the terms , conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members , agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 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 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 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 complet ed, 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. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 10 of 63 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 . Invitation to Bid 08-030IR, Traffic Calming_Speed Hump Installation Services Page 11 of63 Class1flcatlon AC Mechanic AC Mecha nic Helper Acoustical Ceilino Mechanic Brkklaver/Stone MasOn Bricklaver/Stone Mason Helper Caroenter carru>nter Helper Concrete ffnl$her Concrete Fonm Builder l>Nwatl Mechanic Drvwall Helper Drvwall Taoer DNWOll Taoor Heloer Electrician I.Journeym an) Electrician Hetoer Electronic Technician Electron ic Technician Helper Floor Layer (Resfllenu Floor 1 """r Heloer Gluier Glazier HPI.,.... Insulator Insulator Heloer Laborer Common Laborer Skfllad Lather Painter Painter Heloer Pioefitter Pioefitter HPfn,,r Plasterer Plasterer Heloer 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY I I j Hr11 Ratt,f J Class1flcatron $21 .69 Plumber 512.00 Plumber Heloer $15.24 Reinforcing Steel setter 519 ,12 Roofer $10 .10 Roofer Helper $16 .23 Sheet Metal Worker $11 .91 Sheet Metal Worker Helper $13.49 Sprinkler Sy,tem Installer $13 .12 Sprinkler System Installer Helper SM.62 Steel Worker Structural S10.91 Concrete P0010 Crane, Clamsheel, Backhoe, Derrick, D'Line $13.00 Shovel $9.00 Forklift $20.20 Front End Loader $14 .43 Truck Driver 519.86 Welder $12.00 Welder Heloer $20 .00 S13 .00 $18.00 Stl.00 $14.78 $11.25 $10.27 $13 .18 $16.10 $14.83 $8.00 518 .85 $12 .83 $17.25 $12 .25 ; 1 Hrly Rate 520 .43 SH.90 510.00 $14 .00 $10.00 $16.96 512.31 $18 .00 $9 .00 517.~3 520.50 $17.76 $12 .63 $10.50 $14.91 $16.06 $9.75 Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 62 of63 HEAVY & HIGHWAY CONSTRUCTION PREY AILING WAGE RA TES 2008 Air Tool Operator ASPhalt Distributor Operator Asphalt Paving Machine Oocrator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeoer Ooerator Bulldozer Ooerator Carpenter Concrete Finisher, Pavine Concrete Finisher, Structures Concrete Paving Curbinll Machine Ooerator Concrete Pavinl! Finishing Machine Operator Concrete Pavin11. Joint Sealer uoerator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane Clamshell, Backhoe Derrick Dnudine Shovel Ooerator Electrician Flage;er Fonn Builder/Setter, Structures Form Setter Pavin2 & Curb Foundation Drill Ooerator, CrawlCT Mounted foundation Drill Ooerator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Millin!! Machine Ooerator Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Ooerator, Rough Oiler Painter, Structures Pavement MarkinJ?; Machine Ooerator Pipelayer Reinforcine. Steel Setter Paving Reinforcinl! Steel Setter Structure Roller Operator Pneumatic, Self-Prooelled Roller Ooerator Steel Wheel Flat WheeVfampine: Roller Operator, Steel Wheel , Plant Mix Pavement Scraoer Operator Servicer Slip Fonn Machine Ooerator Soreader Box OMrator Tractor Operator. Crawler Tvce Tractor Operaior, Pneumatic Traveling Mixer Ooerator Truck Driver Lowboy-Float Truck Driver, Sin.itle Axle, Heayy Truck Driver Sin.itle Axle. Light Truck Driver, Tandem Axle Semi-Trailer Truck Driver Transit-Mix Wal!on Drill, Borine. Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10 .06 $13 .99 $12 .78 $11.01 $ 8.80 Sl4.15 $ 9.88 $13 .22 $12 .80 $12 .85 $13 .27 $12.00 $)3.63 $12 .50 $13 .56 $14 .50 SI0.61 Sl4.12 $18 .12 $ 8.43 SI 1.63 S I J.83 $13 .67 $16 .30 $12.62 $ 9.18 $10 .65 $16 .97 $11.83 $11.58 $15.20 $14 .50 Sl4.98 $13.17 SJ0.04 SI 1.04 $14 .86 $16.29 SJ 1.07 SI0.92 SI 1.28 $11.42 $12.32 $12 .33 $10 .92 $12 .60 SJ2 .91 $12.03 $14.93 $) J.47 $10.91 SI 1.75 $12 .08 $14 .00 $13.S7 $10.09 Invitation to Bid 08 -0301R, Traffic Calming_Speed Hump Installation Services Page 63 of63 - - - PARTB BID PRICING VENDORCOMPLIANCETOSTATELAW M/WBEFORMS Invitation to Bid 08-030 lR, Traffic Calming_ Speed Hump Installation Services Page 12 of63 - - BID PRICING TO: Mr. Dale Fissler, P.E., City Manage r Fort Worth, Texas FOR: TRAFFIC CALMING CONTRACT -INVITATION TO BID 08 -0301R Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the Contract Documents , specifications, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Payment Bond, Performance Bond and Maintenance Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums, to -wit: PAY ITEM 1 2 3 4 5 6 7 8 9 10 EST. UNIT OF L • ~ i} ; "],r: ~ ., . UNIT EXTENDED ·-·"··• .. --·--· QTY MEASURE ITEM DESCRIPT ION PRICE PRIC E FURNISH A.Nb lNSTALL H.M.A .C . -.U. 30 EACH SPEED CUSHIONS (28' -35' STREET) )15~ 34:.500 FURNISH AND INST ALL H.M.A.C. .(,/ 30 EACH SPEED CUSI-U0N$ (36' ,. 44' ,S'IJ{EET) /2.50 37 ,5fJO . ,, FURNISH AND INST ALL H.M.A.C . -i& JI. . RAIS~D 'cRqS~~ALKS (3~' -42' , . 6 EACH . STREE'fY ':,· ·' .. , . .L :."· '"''· ·'· .. ,·I '' I .5So ·· q300 . '' . ' '· ~. , ) ·,' FURNISH AND INST ALL RM.AC. RAISED CROSSW ALKS(36' -42' ../i/la5D qqoo 6 EACH STREET) . ;_. .J£ FURNISH A,N D INSTALL TYPE "A" ..4 12 EACH SIDEWALK RAMPS_. /250 i6Deo 1500 SQ .FT. HYDRO MULCH SEEDING Jzo svo 1500 SQ .FT. SODDING .... 5t1 19) REMOVAL OF H.M.A.C. SPEED Ji. -6J. 15 EACH HUMPS (VARIO.US WIDTHS) J50 2250. REMOVAL OF H.M.A .C . SPEED ~ -Ci 30 EACH CUSHIONS (VARIOUS WIDTHS) l oo 3£)00 FURNISH AND INT:AtL SPEED HUMP ,II, 60 EACH SIGNS .. ', : . ~ ., 3'oo JB'iooo ' ... 150,500 TOTAL Invitation to Bid 08-0301 R, Traffic Calming_Speed Hump Installation Services Page13 of63 - - - THIS CONTRACT INCLUDES WORK ANYWHERE WIIBIN 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 $70,000 shall be awarded with final payment based on actual measured quantities and the unit price bid in this proposal. Moreover, there is to be no limit on the variation between the estimated quantities shown and actual quantities performed. It is understood and agreed that the scope of work contemplated in this contract is that which is designated by the City but will in no case exceed~ 70,000 annually. This contract is issued by an organization which qualifies for exemption pursuant to the provision of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, Taxes. All equipment and materials not consumed by or incorporated into the project construction are subject to State sales taxes under House Bill 11 , enacted August 15 , 1991. The successful Bidder shall be required to complete the attached Statement of Materials and Other Charges at the time of executing the contract. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices . The undersigned agrees to complete all work covered by these contract documents within Three Hundred Sixty (365) Calendar Days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City ofFort Worth, Texas. Within ten (10) calendar days of receipt of notice ofacceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond and other bonds required by the Contract Documents for the faithful performance of this Contract. Thel ~~hed bid security in the amount of 5% in the sum of ------------Dollars ($ _.31:;L $0 :f2 ) is to be forfeited in the event the contract and bond are not executed within the time set forth, as liqutdated 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 Thirty (30) Days after beginning construction as set forth in the written work order to be furnished by the Owner. Mobilization: In the event the Contractor is issued work order(s), including individual or multiple location(s) and individual or multiple work order(s), with less than a cumulative total of five (5) speed cushions, sidewalk ramps or crosswalks, the contractor shall be entitled to a mobilization fee of $2,000.00. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 14 of 63 - (I/we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Date Addendum No. l (Initials) _____ _ Addendum No. 3 (Initials) ____ _ Addendum No. 2 (Initials) _____ _ Addendum No. 4 (Initials) ____ _ By: Title : pJS~t.J iJ>S Address: f?) OD'/,.. z._o ( (.. eJ.eb d ;,_,lc . 1/-/.... Telephone: 8 t7-5'5 l3 ·· ~ Oq._ (SEAL) ---------- Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 15 of 63 - VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nomesident bidders. This law provides that to be awarded a contract as low bidder, nomesident bidders (out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nomesident bidder to obtain a comparable contract in the State in which the nomesident's principal place of business is located . The appropriate blanks in Section A must be filled out by all out-of-State or nomesident bidders for your bid to meet specifications . The failure of out-of-State or nomesident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nomesident 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. Nomesident vendors in _________ (give State), our principal place of business, are not required to underbid resident bidders . B. Our principal place of business or corporate offices are in the State of Texas. ¢ BIDDER: City By: ~~-~ __ fG::_1 _i_J_tJ_u>_l_ frQ~ri_ntJ Signature: ~ l..7-----=-...~----- Title: PA.-c-J. --------------State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR BID Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 16 of 63 - .. IMPORTANT City of Fort Worth Invitation to Bid 08-0301R Traffic Calming Speed Hump Installation Services Contract ********************************************************************************************* MINORITY/WOMEN OWNED BUSINESS ENTERPRISE (M/WBE) -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. There is a Twelve Percent (12%) utilization goal for this contract The applicable documents must be submitted five (5) City business days after the bid opening date, exclusive of the bid opening date. The Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. BIDDERS SHOULD CAREFULLY READ AND COMPLETE THE M/WBE FORMS APPLICABLE TO YOUR INTENT. SHOULD YOU HA VE ANY QUESTIONS OR NEED CLARIFICATION REGARDING THIS REQUIREMENT, YOU SHOULD CONTACT THE M/WBE OFFICE AT 817-392-6104 DURING THE BIDDING CYCLE PRIOR TO BID OPENING. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS ********************************************************************************************* Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 17 of 63 - ' 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 Ord inance apply to this bid . M/WBE PROJECT GOALS The City's M/WBE goal on this project is _12 __ % of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25 ,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following : 1. Meet or exceed the above stated M/WBE goal , or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture . 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 open ing 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. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 18 of 63 Rev . 11 /1/0 5 City of Fort Worth Subcontractors/Suppliers Utilization Form ATIACHMENT 1A Page 1 of4 PRIME COMPANY NAME: v.J &~y'. Check applicable block to describe prime ~5, Ct -I t t. <. Le. _, I M/W/DBE I ,{" PROJECT NAME: Traffic Calming NON-M/W/DBE I~ BID DATE 6 l o'i City's MIWBE Project Goal: I Prime's MIWBE Project Utilization: PROJECT NUMBER 12% / 'Z. % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant , Parker, Johnson, Collin, Dallas , Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2"d 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 (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 19 of 63 Rev. 5/30/03 - f ORT WO RTH --......-- ATTACHMENT 1A Page 2 of4 Primes are required to identify ALL subcontractors/suppliers, regardless of stat us; i.e ., Minority, Women and non-M/WBEs. SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax L th JA '(n..vek.t ,J.t.a ,-{. 51 {y,14 A.}1 ~ fFo ,.t.l'f" w ~.Jhrll Please list M/WBE firms first , use additional sheets if necessary. Certification N (check one) 0 Tf---~-~~--t n• I N T e M W C X r B B T D E E R 0 C T A M w B E Detail Subcontracting Work Detail Supplies Purchased .... -·----........... ---11 ,... 11 ....... ,.. ..... - Dollar Amount 15, 7 0 ° lllVlU1UVH LV :JTir-uo--VJ1 JlJ .111.l.ll'"'' ~-.,l:''"''"'"'.1.1uiupl1I:S ~~~· >.>v1V1.v'3 Rev. 5/30/03 Page 20 of63 FORTWORTH --.....-- ATTACHMENT 1A Page 3 of4 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 (check one) N 0 SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax r1--~-~~---1 n I N T e M W C X M Detail Subcontracting Work Detail Supplies Purchased r B B T D Vii E E R O B C T E A .,.. t-..• ,.,.,., ,.,.,... ·"" --· ,.. .. r, .1 T.,,.. ,.. .. - ill vIU1UUll LU Ul' J. vc -vJ 'J. -', J. l <ill l\, ·~-0p,;;,,;;,u J.J.U up '' Page 21 of 63 Dollar Amount Rev. 5/30/03 fORTWORTH , --...,..-- Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ l;;. ?oo I q'1z.o Z," 4-z.o t ATTACHMENT 1A Page 4 of4 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women · Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offerer 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 M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Printed Signature Title Contact Name/Title (if different) Company Name Telephone and/or Fax Address E-mail Address aJ"' ~1'" ~ fi4-Joo, City/State/Zip Date Invitation to Bid 08-030 lR, Traffic Calming_ Speed Hump Installation Services Page 22 of63 Rev. 5/30/03 FO.RTWORTH ..__ •. ,-- City of Fort Worth Prime Contractor Waiver Form ATTACHMENT 18 Page 1 of 1 PRIME COMPANY NAME: Check applicable block to describe orime PROJECT NAME: Traffic Calming I M/W/DBE I I NON-M/W/DBE BID DATE City's M/WBE Project Goal: I PROJECT NUMBER 08-0301R 12% If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C . This form is only applicable if .b.otb. answers are yes . Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors , including M/WBE(s) on this contract , the payment therefore and any proposed changes to the original M/W8E(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name (if different) Company Name Phone Number Fax Number Address Ema il Address City/State/Zip Date Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 23 of 63 Rev. 5/30/03 FORT WORTH "-, . ,-- PRIME COMPANY NAME: PROJECT NAME: Traffic Calming City's M/WBE Project Goal: 12% City of Fort Worth Good Faith Effort Form I PROJECT NUMBER 08-0301R ATIACHMENT 1C Page 1 of 3 Check applicable block to describe orime I M/W/DBE I I NON-M/W/DBE BID DATE If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2nd tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 24 of 63 Rev. 05/30/03 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. __ Yes __ No Date of Listing __ / ___ / __ 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? __ Yes {If yes, attach M/WBE mail listing to Include name of firm and address and a dated copy of letter mailed.) __ No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? __ Yes (If yes, attach list to include name of M/WBE firm, person contacted, phone number and date and time of contact.) __ No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4 . If the list of M/WBEs for a particular subcontracting/supplier opportunity is teh (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? __ Yes __ No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessarv, and attach.) Companv Name Telephone Contact Person Scooe of Work Reason for Rejection /' ~· \ Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 25 of63 Rev. 05/30/03 ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 26 of 63 Rev. 05/30/03 FORT WORTH "-, •. ~ CITY OF FORT WORTH Joint Venture Eligibility Form All questions must be answered; use "NA" if applicable. Joint Venture Page 1 of3 Name of City project: ------,-,----:-------,----,-----,--.,---------------- A joint v enture fonn must be completed on each project RFP/Bid/Purchasing Number: __ 08-0301R ______ _ 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Cellular: Facsimile: E-mail address: Identify the finns that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the ·oint venture M/WBE firm Non-M/WBE name: firm name: Business Address : Business Address : City, State, Zip: City, State, Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2 S f k rfi cope o wor pe orme db th J . tV tu ,y e om en re: Describe the scone of work of the M/WBE: Describe the scope of work of the non-M/WBE: Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 27 of63 Rev. 5/30/03 Joint Venture Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not comp lete if this inform ation is descr ibed in joint ven ture agreemen t) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests : 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Pay able and Receivabl e): Management decisions : a . Estimating ---------------------------------------------- b . Marketing and Sales ----------------------------------------------c . Hiring and Firing of management personnel ---------------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form . NOTE : From and after the date of project award , if any of the participants , the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outl ined in the City's M/WBE Ordinance . Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 28 of63 Rev. 5/30/03 Joint Venture Page 3 of3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein . The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false __ statements or willful misrepresentation of facts._________________ _ --------------------------------- Name ofM/WBE firm Name of non-M/WBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of ___________________ County of _______________ _ On this ______________ day of ________ , 20 _, before me appeared ____________________ and ___________________ ~ to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public ----=p:-:rin-t7 N7a_m_e _____________________ _ Notary Public--,c-,--------------------------- Signature Commission Expires -----------------------(seal) Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 29 of63 Rev. 5/30/03 1. Scope of Work 2. Easements 3. Contract A ward 4. Bid Quantities 5. Option to Renew 6. Termination TRAFFIC CALMING CONTRACT SPECIAL PROVISIONS TABLE OF CONTENTS 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 3 0. 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) Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 30 of 63 SPECIAL PROVISIONS 1. SCOPE OF WORK: The work covered by these plans and specifications consists of the construction of standard speed cushions, sidewalk ramps and all other mi scellaneous items of construction to be performed as outlined in the Specifications, which are necessary to satisfactorily complete the work. AW ARD ING OF CONTRACT AND CALENDAR DAYS : (a) Contract may not necessarily be awarded to the lowest bidder. The City Traffic Engineer shall evaluate and recommend to the City Council the best bid, which is considered to be in the best interest of the City. (b) The number of calendar days for the contract shall be 365. This contract shall be a purchase agreement, with the option of three (3) 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 AW ARD : A Contract, if awarded, will be awarded to a responsive and responsible bidder providing evidence that he/she meets specifications/qualifications, is in the opinion of the City, financially solvent, and offers the best pricing, which is considered to be in the best interest of the City. 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$70,000.00 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 $70,000.00 including all change orders. 5. OPTION TO RENEW: The City reserves the right to renew this contract for up to three (3) one- year periods for $70,000.00 per year under the same terms, conditions, and unit prices. Prices may be adjusted as a part of the contract process by the Contractor submitting proof of increases in labor, material, insurance, etc ., which exceed five (5) percent. Payroll records, receipts of materials and manufacturers' letters documenting price increases shall be submitted to the City in order to substantiate increase approvals. Such prices and proof, along with proposed unit prices, shall be submitted, to the Transportation and Public Works Department, at least 60 days prior to the current Contract expiration date. The City reserves the right to accept or deny price adjustments. If a request for a price adjustment is not acceptable and deemed unreasonable when compared to the industry, the City may cancel the individual item(s) affected or cancel the entire Contract. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 31 of 63 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 OF HIGHWAYS. STREETS AND BRIDGES, TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 8. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the Contract Documents at any time. Failure to bid or fully execute Contract without retaining Contract Documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding Contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 9. WARRANTY: The Contractor shall be responsible for defects in this project due to Contractor's faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of each work order by the City. The Contractor will be required to replace at his expense any part or all of the project, which becomes defective due to these causes. 10. 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 latest "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign. instructional sign, street name sign or other sign. which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Traffic Services Division (phone number 871-8100), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the 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. 11. 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 Invitation to Bid 08-030IR, Traffic Calming_Speed Hump Installation Services Page 32 of 63 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. 12. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall be responsible for installing all construction signs, signals, and markings necessary to provide adequate traffic controls for purposes of construction. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. The furnishing, placing, and maintaining of barriers and warning and/or detour signs by the Contractor will not be paid for directly, but shall be considered subsidiary to the various bid items of the contract. Construction signing and barricades shall conform to the Texas Manual on Uniform Traffic Control Devices, Vol. No. 1. 13. PAR.KW A YS: 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 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. 14. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No . 10056). All disposal sites must be approved by the Administrator to ensure the filing is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 15. 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. 16. 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. 17. QUALITY CONTROL TESTING: The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphalt and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (a) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar that are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. (b) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the Contract. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 33 of 63 (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. 18. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 19. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this Contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows : "WARNING-UNLAWFUL TO OPERA TE THIS EQUIPMENT WITHIN TEN FEET OF HlGH VOLT AGE LINES ." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within ten feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. ( d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within ten feet of a high voltage line without protection having been taken as outlined in Paragraph ( c ). 20. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits . 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 (a) subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. (b) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: 1. 50 copies and under $0.10 per page. 2. More than 50 copies $0.85 for first page plus $0.15 for each page thereafter. (c) "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract have access to and the right to examine any directly pertinent books, documents, papers and records of such su!;>~.ontractor, 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 prov_i!;jOt),S of this article. City shall give subcontractor reasonable advance notice of intended audits." Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 34 of63 21. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Parkway shaping, surface restoration, and cleanup are general items of work, which fall in the category of subsidiary work. 22. 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. 23. 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 shall be in accordance with the North Central Texas Council of Governments Storm Water Quality Best Management Practices for Construction Activities. All work, materials, and equipment necessary to provide temporary erosion control shall be considered subsidiary to the Contract and no extra pay will be given for this work. 24. 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 Fort Worth Transportation & Public Works Light and Signal Division Atmos Gas Company Texas Utility Service Company Southwestern Bell Telephone Company Texas One Call-Fiber Optics Location (MCI, AT&T, Sprint, etc.) Charter Cable T .V. Travis Andrews 817 .871 .8275 Marissa Conlin, P .E . (817) 392-8779 Metro (214) 263-3444 817-336-2328 Enterprise 9800 1-800-245-4545 817 .509.2225 Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 35 of 63 25. SPEED CUSHION LOCATIONS: The actual location of speed cushions and raised crosswalks will be marked by Transportation & Public Works Department prior to construction . IT IS THE INTENT OF THIS CONTRACT TO CONSTRUCT SPEED CUSHIONS ANYWHERE WITHIN THE CITY OF FORT WORTH. The City reserves the right to increase or decrease the extent of the work, and make changes and alterations in the quantities and locations of work as may be considered necessary or desirable, and such changes and alterations shall not be considered as a waiver of the conditions of the contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased, decreased, or substituted, with no allowances made for any anticipated profits. Payment to the Contractor for contract items will be made for the actual quantities of work done and material furnished at the unit prices set forth in the contract. 26. CONTRACT: This Contract shall be an annual contract with the option of three (3) one-year renewals. Contract shall not exceed 365 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. 27. 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 receiving a written work order. The work order shall be deemed complete when the speed cushion and/or raised crosswalk is installed in accordance with the plans and specifications and to the satisfaction of the Traffic Engineer 28. PAYMENT:Whenever the improvements prescribed by an individual Work Order have been completed, the Contractor shall notify the Project Manager. The Project Manager 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 Project Manager will recommend acceptance of the work under that particular Work Order and recommend payment therefore. If the Project Manager 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. 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. Invitation to Bid 08-030 IR, Traffic Calming_ Speed Hump Installation Services Page 36 of 63 -. 29. DETERMINATION AND INITIATION OF WORK: The Traffic Engineer shall determine and designate to the Contractor the location of the speed hump(s) and/or raised crosswalk(s) requiring construction/replacement by a Work Order giving the limits and nature of work required. The Traffic 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 Traffic 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 . 30. 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 Specifications for Street and Storm Drain Construction. Time of completion will be subtracted from the final pay estimate of that particular Work Order. The actual installed quantities amount will be used in determining the amount of calendar days allowed. 31.LIOUIDATED 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 day s 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 . 32. CONSTRUCTION NON-PAY ITEMS: NON-PAYITEMNo.1-PROJECTDESIGNATIONSIGNS: 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 the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the latest standard detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the referenced detail. The sign shall be constructed of %" 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 construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The signs shall include all materials, labor, equipment, tools and incidentals necessary to complete the work. NON-PAY ITEM No. 2 -CLEARING AND GRUBBING: Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 37 of 63 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 inc idental 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, unless , small quantities are authorized and approved by the City Traffic Engineer. 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 817 .871.5738 . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 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 cushion 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 CUSIDONS, RAISED CROSSWALKS AND SIDEWALK RAMPS These items shall consist of installing H.M.A.C . speed cushions & raised crosswalks according to the plan and profile as shown on the detail sheet. Locations will be provided during construction. Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 38 of 63 ... The unit price bid per each shall be full compensation for 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 . Contractor shall notify the Traffic Engineer 72 hours prior to installing any speed cushions and/or raised crosswalks. 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 cushions and/or raised crosswalks dimensions. No BMAC 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 of3,000 psi at 28 days. The Contractor shall construct standard concrete Type A sidewalk ramps as shown in the details and as directed by the Traffic Engineer. 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 ofremoved 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 CUSIDON WARNING SIGNS: This item shall const of installing of "Speed Cushions Ahead" signs at various locations throughout the City of Fort Worth. All signs shall be installed with a PIONJAR motorized drill/breaker or equivalent machinery that is cable of driving and removing signposts as deemed necessary. The City Traffic Engineer or his designee 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. Invitation to Bid 08-0301R, Traffic Calrning_Speed Hump Installation Services Page 39 of 63 PARTD CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW EXPERIENCE RECORD EQUIPMENT SCHEDULE PAYMENT BOND PERFORMANCE BOND MAINTENANCE BOND Invitation to Bid 08-0301R, Traffic Calmin g_Speed Hump Installation Services Page 40 of 63 CERTIFICATE OF INSURANCE STANDARD FORM BY INSURER 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 Project Install Speed Cushions and Raised Crosswalks at Various Locations and City of Fort Worth Project No. GG01-539560-0202501. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR: ~9.1,4 , u:. C!..o uJ, .,-. r ~ By ~ Name: ~ 121£t u.«>..s Title : P~e.~ Date: tz..{.z / oc:p Before m~the undersigned authority, on this day personally appeared \ffi . Ke_~'<\~\~S \ 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 \NQ~\\\ UJ'<\s~e,--\D'\\, ~\f\C- for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this ~" day of ~~te<: 20 0q_ ~jf~r~ Texas e. MARILYN K. NEWBY Nctary Public STATG: OF TEXAs My Comm. exp. 03/23/2012 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides worker's compensation insurance coverage for all of it's employees employed on City of Fort Worth Bid No. 08-0301 STATE OF TEXAS COUNTY OFT ARRANT § § Title i;-!tt/09 Date B~O~ ME , the undersigned authority, on this day personally appeared \ ea '.RE;\\V\~\d S , known to me to be the person whose name is subscribed to the foregoing instrument, a:nd acknowledged to me that he/she executed the same as the act and deed of \})ef>\J\ \ \ \ ('._C) f\ -&:1:n.:s::\\ un. 1 :In t for the purposes and consideration therein expressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this \'\\.o.\\ , 20 0t \\_\\\.-.day of 11\o,iu~ :.\(_ ~ Notary Public'and for the State of T~ Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 42 of 63 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: Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 43 of63 EXPERIENCE RECORD L" f 1St o pro1ects your orgamzation h as success full d 1y com J. ete : Amount Of Contract Award TypeofWork Date Accepted Name and Address of Owner L" f d" I . 1st o pro1ects your orgamzat1on 1s now engage m comp! etmg: Amount Of Contract Award TypeofWork Anticipated Date of Name and Address of Owner Completion List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Bond Amount of Bond Name and Address of Surety Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 44 of63 Bond# 70834395 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § · KNOW ALL BY THESE PRESENTS : That we, (1) Westhill Construction, Inc , as Principal herein, and (2) Western Surety Company a organized and existing under the laws of the State of (3) South Dakota corporation , 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 Seventy Thousand Dollars and No Cents Dollars ($70,000.00) 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 29th day of September , 2009, 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: Install Speed Cushions and Raised Crosswalks at Various Locations TPW Project No. GG01-539560-0202501. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 29th day of September , 2009. (SEAL) Wes th ill Construction. Inc. Name: Ted Reynolds Title: President Address: P. O. Box 2016 Cleburne, TX 76110 Western Surety Company ~~ %rct~ siocei Witness By: ~'<U\.940 , SURET.Y ~ Name: ~resa Godsey Attorney in Fact (SE AL) NOTE: (1) (2) (3) Address: 777 Main Street, Suite C-50 Fort Worth, TX 76102 Telephone Number: (817) 820-8100 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. THE STATE OF TEXAS COUNTY OF TARRANT Bond# 70834395 PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS: That we, (1) ___ W_e_s_t_h_ill_C_o_ns_t_r_u_ct_io_n_ ..... l_n_c ____ as Principal herein, and (2) Western Surety Company , a corporation organized under the laws of the State of (3) South Dakota , 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 Seventy Thousand Dollars and No Cents Dollars ($70,000.00) 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 29th day of September , 2009, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Install Speed Cushions and Raised Crosswalks at Various Locations TPW Project No. GG01- 539560-0202501. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 29th day of September , 2009. Construction Inc. ATTEST: -io'»s>~ (Principal) Secretary Name: Ted Reynolds Title : President (SEAL) Address : P. O. Box 2016 Cleburne, TX 76110 W·t t P .. I 1 ness as o nnc1pa Surety Company SMOCei~ Witness (SE AL) Name: Teresa Godsey Attorney in Fact Address : 777 Main Street, Suite C-50 Fort Worth, TX 76102 NOTE: (1) (2) (3) Telephone Number: (817) 820-8100 Correct name of Principal (Contractor). Correct name of Surety. 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# 70834395 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That Westhill Construction, Inc ("Contractor"),as principal, and, Western Surety Company a corporation organized under the laws of the State of South . Dakota , ("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 Seventy Thousand Dollars and No Cents Dollars ($70,000.00) 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 29th of September , 20 09, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Install Speed Cushions and Raised Crosswalks at Various Locations the same being referred to herein and in said contract as the Work and being designated as project number(s) TPW Project No. GG01-539560-0202501 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 2 (Two) 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 Transportation and Public Works, 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 it 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 Bond# 70834395 the City shall Rave and recover from Contractor and Surety damag·es 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 _6_ counterparts , each of which shall be deemed an original , this 29th day of September , A.O. 2009 . Western Surety Company PRINC~ By: ~> Name: Ted Reynolds (Principal) Secretary (SEAL) <:S Title: President Address : P. 0. Box 2016 Cleburne, TX 76110 Witness as to Principal (SE AL) NOTE: (1) (2) (3) Surety Company Name: Teresa Godsey Attorney in Fact Address: 777 Main Street, Suite C-50 Fort Worth, TX 76102 Telephone Number: {817) 820-8100 Correct name of Principal (Contractor). Correct name of Surety . 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. Western Surety Company POWER OF ATTO RNEY -CERTIFIED COPY Bond N o. ___ 7~0~8~3~4~3_9_5 ___ _ Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the law• of the State of South Dakota, and having its principal office in Siou,c Falls, South Dakota (the "Company"), does by these pres ents make, coru,titute and appoint TERESA ARI. INE GODSEY its true and lawful attorney(s)-in-fact, with full power and authority h ereby conferred, to execute, acknowledge and deliver for and on ih behalf as Surety, bond• for : Principal : Westhi:_1 Construction , Inc . O bligee : City of F ort Worth Amount: $500 ,000 .00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may d o within the above stated limitatiom . Said appointment is made under and by authority of the following byla w of Wes tern Surety Company which remains in full force and effect. "Section 7. All bonds, policies , undertnkings, Powers of Attorney or other obligations of the corporation shnll be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board ofDirectorE may authorize. The Preaident, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorney• in Fact or agent. who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the c,nrpor;,tjon . 'T'lu, sign;,t.11rP. of ;my snr.h offir.P.r ;,nrl t.hP. oorpor;it.P. s~;,l m;,y oo print.P.rl hy far.similP.." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of February 20 ? 01 1 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, We,tern Surety Company has caused the,e pre,cnt, to be •igned by its Senior Vice President, Paul r . Bruflat, andit,co1l\~lflmtobeaffixedtbis 20 th dayof Novembe r 2009 ~ .. ~~ f',ET'y''""" ~~-:. ~~ ...... ; .. ,,, (\~~ $~/ ~ ••• ~~ ~.~ .... ,n..60/?,., ·-.-,-~ !;~! ~-...;-'f '"l.}:. \~: =u;;c., \"'\~! i~t ... " }~! ~ '7"*\ ~~Ji..""' /*'S ~~··~~.,I:' ST11'4£pll'§.Q , • . '8I'A --~'/:ij"jj~~~~~-. COUNTY"'~ On this 20th day of Noverrber , iu Lhe year 2 0 09 , before m e, a J.10Lary pLlblic, ptersonally aµp e an,J Paul T. Bruflat, who being to me duly sworn, acknowledged that he •igned the above Power of Attorney as the aforesaid officer of 'WE STERN SURETY COMP ANY and acknowledged said instrument to be the voluntary act and deed of said corporation . ........... _ .. ........_ .... _. !'! ~ ~ D. KRELL $ ~ ./ /)) J~NOl'ARY PUBLICtO\j ~Public. South Dakota j~SOUTH DAKOTA~j +,~,-~~~-~-~ ........... ,~-~,~--· My Commission Expires Noverrber 30 , 20 12 I the undersigned officer of Western Surety Company, a ,tock corporation of the State of South Dnkotn, do hereby certify that the attached Power of Attorney i• in full force and effect and i, irrevocable, and furthermore, that Section 7 of the bylaws of the Company a, Sf't. forth in thf' -PnwP.r of At.t.omey i, now in forr.P.. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this ---~2~0_t~h~----day of Novem8er 2009 Fonn F5306-9-2006 PARTE CONTRACT OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 51 of 63 THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into this the 29th day of September , 20 09 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.O ., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and 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: INSTALL SPEED CUSHIONS AND RAISED CROSSWALKS AT VARIOUS LOCATIONS Designated as project number: GG01-539560-0202501 . 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 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3. The Contractor hereby agrees and binds himself to commence the construction of said work w ithin ten (10) days after being notified in writing to do so by the Transportation and Public Works Department of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 365 (Three Hundred Sixty Five} 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 add itional 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 $ 154.00 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 the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said C ity 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 iniury, 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 C-2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX . Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. · The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make , execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work , such bonds be ing as provided and required in Texas Government Code Section 2253 , as amended , in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth . 8. Said City agrees and binds itself to pay, and the said agrees to receive , for all of the aforesaid work, and for all additions thereto or deductions therefrom , the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in by-weekly 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 NIA shall be SEVENTY THOUSAND DOLLARS AND NO CENTS $70,000.00 C-3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Transportation and Public Works Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified , promulgated and set out by the City of Fort Worth , Texas , a copy of which is attached hereto and made a part hereof the. same as if it were copies verbatim here in. 11 . The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF , the City of Fort Worth has caused this instrument to be signed in Six (6) counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six (6) counterparts with its corporate seal attached . C-4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Done in Fort Worth, Texas , this the __ 2_9t_h _ day of September , 20..;;.;09;;..__ APPROVED: DIRECTO:fRAN~TATloN AND PUBLIC WORKS EPARTMENT (Contractor) BY ~ (Representative) (TITLE) Po /!;,I) 'I-2 s , 4 (Address) ;;~.,.. (._.;)~'-. r~ (City/State/Zip) Revised June 2008 CITY OF FORT WORTH ~*'~~ . ASSISTANT CITY MANAGER t-~~lo'\ 1 ContracL AuthorizatioR °1 l d-9 l cft Date ATTEST: Off\C\AL RECORD CITY SECRETARY FT. WORTH, TX APPENDIX Standard Details Project Designation Sign Speed Cushion Details Raised Crosswalk Details Speed Hump Sign Sidewalk Ramp Details Traffic Control Plan Ramp Details Prevailing Wage Rate Schedule Invitation to Bid 08-0301:R, Traffic Calming_Speed Hump Installation Services Page 56 of 63 ' 4'-0" FONTS: PROJECT DESIGNATION SIGN i---------4 '-0" -------- r:PMS•2611 11" FORT WORTH~ 1~ sr =13 " 3"C Project Title 1 , .. 3 "C 2NJ> LINE I 1)" ,,_Contractor: =;I::: 2{[Contractor's Name --r lr 1 r:r= Scheduled Completion Date J , .. 1f I Year 2 5" 1 " FORT WORTH LOGO = CHELTINGHAM BOLD ALL OTHER LETTERING = ARIAL BOLD LOGO COLORS: FORT WORTH -PMS 288 LONGHORN LOGO -PMS 167 LETTERING -PMS 288 BACKGROUND -WHITE BORDER -BLUE PROJECT DESIGNATION SIGN CITY OF FORT WORTH -CONSTRUCTION STANDARD DRAWING NO . DA TE: 9-20-02 ... \Project Sign .dwg 9/25/2006 2:48 :05 PM Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 57 of63 Height: BACJ( OF /CURB PLAN VIEW i lvaries (Mi n. 28' Max 42') BACK OF CURB 2' , (Va rie s) 2' -7.5' 6' 3' 2' -7.5' 1 (Vari es) 2' ~-------··---l(Ty;rr -( ;;t -:,-17Ty;.i,---·----"i""'·~-- r L 12" WHITE HOT TAPE r (AVERY DENNISON / OR EQUIVALENT) .\ 1"4---"'--P.-"'--'1-'P-_...._.,, Striping and reflectors to be installed by the Contractor WHITE TYPE II 1-SIOEO ~ 1 '2 1·n,..h i:><> '"-/ 1 12 ;""h) V ' IVli"Y \ ••• , Ut'\,,I' ~r ~ ~, ~ ~, ,___-~~--1 .. ...J __ "':__L 12" WHITE HOT TAPE --- (AVERY DENNISON OR EQUIVALENT) DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS CllY OF TRAF FIC ENGINEERI NG FORT WORTH SPEED CUSHIO NS Ramp Gradient: 8.75 in 1 (30 inches/ 3-1/2 inches height) 3.43 in 1 (12 inches/ 3-1/2 inches height) DRAWN BY: C,Ut:: Side Gradien AJB APl'ltO"n:OIY: Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 58 of 63 Septtmbtr 11~ 1003 DRAWING NOT TO SCALE PLAN VIEW B .. r 1 O" Spacing ·: • • Between Buttons z A B 12" WHITE TYPE II CROSS SECTION A-A 3 .s · Back of Curb TYPE '~42r RAMP 1 L 30' t 40' Travel < > CROSS SECTION B-B 10' 3' 3' 3rr.=;:~'-~~~~~~~~~-L-,;=:i f RAISED CROSSWALK DETAIL I I A I j TYPE 'A' --''---'--l--6' RAMP _J' TYPE 'A' RAMP Invitation to Bid 08-0301R, Traffic Calming_Speed Hump Installation Services Page 59 of63 ·~ ~--~..:--2" T~ II" loot!" 2 V' ,.....,_ JI" ""91" a..eor... llcll TOP. '€l .. hll o,.,,;,.-Boll TOP 2 It' ,,....,. ,.. '""'"' u· :.-:., ... ~~. ~ TYPICAL -SPEED HUMP SIGN DATE: 09/i004 DTL-01 . N.T.S Invitation to Bid 08-030 lR, Traffic Calming_ Speed Hump Installation Services Page 60 of 63 · ., , .. t------------------r,-.. -.. -.-,---------¥-,---------·--:o""e""r'"'E-CT ... A-8:~L-E_W_A_R"".N""l'."N"'."G':'S----=,;;::==-;=:---·--, ,.,,. .. , ..... v .. .. -'~ ...... .... l Ol!Tf:C1'Alll! WA1UIINO IU~f'IIC! PERPENDICULAR CURB RAM P w.ntl11Klv.llit:1J<QTA:1Munro-•lWrA.C.C 'Vlt(f.ll'oloJjlJOIIIOIWt '-TLIICltOfCUlll UIIC /" Oii 1.1 NXW,l,Ll(l1111£ PERPENOICUl.l.AA. cvno RAMP (RETURNED CURO) NOTG:" US.I: Oft.LY Oii llC.IIDC•TIM. 1Yf'li UH11!'18 DIAGONAL CURB RAMP (RETURNED CURB) =::::O::•J:'.~i:":c~,, COMBINATION CURB RAMP$ .,..-£.?:thNU w..,u,i,...:,s.utl,.M:& l"n'CAL&naDLO M.LIIAMPSI\NIIDINGS. icu•;~;H I.ANDINO GENERAL NOTES FOR DETECTABLE WARNINGS OH$10£W.t.lJt~(CUIUl1'Will'I) ~""'-"""w,toot,o 1.0.-tt .......... -111 ... ......, 1. 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