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HomeMy WebLinkAboutContract 29957 rus COPY foe , CITY SECRETARY COMACTOR CONTRACT NO. Nq w ZCpWRAGTOR'S 80t3DfNG GQ CITY SECRETARY CITY MANAGER'S©HICZ SPECIFICATIONS EMGII+dEEi NG DIY. IIPW—FU COPY AND �. CONTRACT DOCUMENTS CONCRETE RESTORATION (2004-6) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GS93-020930532520 IN THE CITY OF FORT WORTH, TEXAS November 2004 pp MIKE MONCRIEF GARY JACKSON MAYOR CITY MANAGER r ROBERT D. GOODE, PE - DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS w GEORGE BEHMANESH, PE - ASSISTANT DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS SPECIFICATIONS r, / 1 o� ' City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/2/2004 DATE: Tuesday, March 02, 2004 LOG NAME: 2000NCRETE04-6 REFERENCE NO.: **C-19981 SUBJECT: Award of Contract to Westhill Construction, Inc. for Concrete Restoration (2004-6) at Various Locations RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Westhill Construction, Inc. in the amount of $628,980.50 for 130 working days for Concrete Restoration (2004-6) at Various Locations. DISCUSSION: In the FY2003-2004 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. Concrete Restoration (2004-6) at Various Locations provides for repair of concrete panels in concrete streets at specified locations funded from the Contract Street Maintenance Fund. The following list details the limits for each of the streets included in this project: STREET FROM TO MAPSCO CD 6th Avenue Elizabeth Boulevard West Robert Street 76V 9 Altamesa Boulevard @ 3200 Altamesa Boulevard 104A 6 Altamesa Boulevard Bramble Drive Woodbeach Ddve 1046 6 Basswood Boulevard Arcadia Trail Park Vista Boulevard 36Q 4 (WB lane only) Beach Street 400' N of Beach IH 30 WB Ramp Beach IH 30 WB Ramp 78A 4 Bear Lake Drive Mesa Verde Trail 7428 Bear Lake Drive 36R 4 Bentley Avenue @ 6936 Bentley Avenue 36T 4 Birch Creek Road @ 4200 Birch Creek Road 35H 4 Bledsoe Street Foch Street University Drive 76B 9 Bracken Drive @ 4712 Bracken Drive 36P 4 Bridge Street @ East Loop 820 66S 4 Bridgewood Ddve Randol Mill Road Bridge Street 66N 4 Broken Pine Trail @ 3704 Broken Pine Trail 35M 4 Brookside Ddve Isbell Road east dead end 61 U Chinaberry Court @ 12733 Chinaberry Court - 55U 5 Coach House Circle @ Live Oak Creek Drive Sri, - 7 Davy Crockett Trail @ 4813 Davy Crockett Drive y 1`r4 36T 4 Deerlodge Trail Grand Mesa Drive Fort Concho Drive 36Q 4 E. Devitt Street @ Illinois Avenue sig 77 Eastchase Parkway John T White Road Anderson Boulevard 67T 4 Ensenada Lane 2600 Ensenada Lane west dead end 72E 3 Francesca Drive @ 9708 Francesca Drive 58Z 7 ry Glen Canyon Road @ 5105 Glen Canyon Road 36L 4 Jenny Lake Trail Chelan Way Arcadia Park Drive 36E 4 John T White Road @ East Loop 820 66T 4 John T White Road Cooks Lane East Chase Parkway 67S 4 Lily Drive @ 5344 Lily Drive 22H 2 Navajo Bridge Trail Klamath Mountain Road Rogue River Trail 36L 4 Nogales Drive 2500 Nogales Drive Ensenada Lane 72E 3 Oakmont Boulevard Harris Parkway Bryant Irvin Road 88U 3 Oakmont Trail Oakmont Boulevard Andress Drive 88V 3 Park Oak Court @ Rushmore Road 36L 4 Point Reyes Drive @ 7532 Point Reyes Drive 36Q 4 Rustic Drive Western Pass Bridal Trail 47D 7 Stansfield Drive @ 7749 Stansfield Drive 36M 4 Sterling Trace Circle @ 8621 Sterling Trace Circle 36T 4 Stonegate Boulevard South Hulen Street west dead end 75U 9 Top Rail Run @ 7113 Top Rail Run 32T 7 Trace Ridge Parkway 8620 Trace Ridge Parkway 8724 Trace Ridge Parkway 36F 4 Vestia Drive @ 5333 Vestia Drive 22H 4 Waterway Drive 4600 Waterway Drive Silver Sage Drive 36P 4 White Settlement Road Flaxseed Lane North Chapel Creek Boulevard 58X 7 Will Rogers Boulevard East Altamesa Boulevard Everman Parkway 105C 8 Winifred Drive Whitman Avenue 100' West of Whitman Avenue 89Q 6 The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25% of the contract award. This project was advertised for bid on December 4 and 11, 2003. On January 8, 2004, the following bids were received: BIDDERS AMOUNT Westhill Construction, Inc. $ 628,980.50 McMahon Contracting, L.P. $ 637,728.95 Sutton &Associates, L.P. $ 657,384.25 Northstar Construction, Inc. $ 706,872.70 Santos Construction, Inc. $ 714,883.90 V.A. Construction, Inc. $ 772,962.00 Ed A. Wilson, Inc. $ 841,852.80 Omega Contracting, Inc. $ 893,513.70 Jerusalem Corporation $ 942,858.45 JLB Contracting, LP $1,103,552.00 Westhill Construction, Inc. is in compliance with the City's MlWBE Ordinance by committing to 25% M/WBE participation. The City's goal on this project is 25%. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GS93 541200 020930532520 $628,980.50 Submitted for Ci Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information_Contact: George Behmanesh (7914) r AlJ-J5-2014 MON 05;05 PM TWNSPORTP.T?ON PUBLIC 14K h NO, X17 871 8092P, 02106 City Of Fort Worth Transportation&Public Works Addendum No 2 Concrete Restoration( 2004-6 j At Various locations in the City Of Fort Worth, Texas Project# GS93-02093053252o Release Dae : Jan 5th ,2004 Information to Bidders 1- Amend pay item#b " concrete Curb Repair" to read " 7" concrete Curb & Gutter curb repair" (Page# 18 ) . Sitr,ilar change for the saline pay item in the Special Pro%isions i page# 38 ) �A mould amend the pay item to " 7" concrete Curb & Cutter curb repair 2- Amend the#of workini! days from 100 days to 130 days : on pages# 18 ( Special Provisions ) & 59 (Contr.azt ) . Receipt Acknowledged Project Manager Kha.l Jaafari P.E 5� City Of Fort Worth Transportation & Public Works Addendum No 1 Concrete Restoration ( 2004-6 ) At Various locations in the City Of Fort Worth , Texas Project# GS93-020930532520 Release Date : Dec 9`h , 2003 Information to Bidders 1- Make note of Changes in the Notice to Bidders section , page # 1 . Pre-bid meeting is to take place on January 5th ,2004 , at 10:30 am . Transportation & Public Works conference room ( 270 ) 2- $ 20 deposit fee for the contract specifications is none refundable Rec 'pt Acknowledged Project Manager Khal Jaafari P.E r AND CONTRACT DOCUMENTS FOR CONCRETE RESTORATION(2004-6)AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH,TEXAS PROJECT NO.GS93-020930532520 r A.DOUGLAS RADEMAKER,P.E. DATE DIRECTOR,DEPARTMENT OF ENGINEERING N f Z C-9 a 3 / GE GE A.BEHMANESH,P.E. DATE ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT i f ?-/o 00 KIM,P.E. DATE CAPITAL PROJECT ENGINEER WATER DEPARTMENT J J6 !, l -I' .y,.. A r *" TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Scope of Work 4. Prevailing Wage Rates 5. Proposal 6. Vendor Compliance to State Law 7. Minority and Women Business Enterprises Specifications 8. Special Provisions 9. Detail Sheets 10. Performance Bond �'. 11. Payment Bond 12. Experience Record 13. Equipment Schedule .� 14. Certificate of Insurance 15. Contractor Compliance With Worker's Compensation Law 16. Contract oft NOTICE TO BIDDERS Sealed proposals for the following: FOR: CONCRETE RESTORATION(2004-6)AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH,TEXAS PROJECT NO. GS93-020930532520 Addressed to Mr.Gary Jackson,City Manager of the City of Fort Worth,Texas will be received at the Purchasing Office until 1:30 PM,�a ' 2004 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Office of the Department of Engineering,Municipal Office Building, 1000 Throckmorton Street,Fort Worth,Texas. One set of documents will be provided to prospective bidders for a deposit of$20.00;such deposit will be refunded if the document is returned in good condition within(10)days after bids are opened. Additional sets may be purchased on a nonrefundable basis for twenty dollars($20.00)per set. These documents contain additional information for prospective bidders. A pre-bid conference will be held at 10:30 a.m_ Monday,Japggry.4,2004.in the Department of Transportation and Public Works Conference Room#270. Bid security is required in accordance with the Special Instruction to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation')as appropriate is received by the City. The award of contract, if made, will be within forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all Addenda may be rejected as being nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-871-7910. In accord with City of Fort Worth Ordinance No. 11923,as amended by Ordinance No. 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. In addition, 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 rthe appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid nonresponsive. For additional information,contact Khal Jaafari at(817)871-7872. r GARY JACKSON GLORIA PEARSON C CITY MANAGER CITY SECRETARY Khal Jaafari,P.E. Department of Tra s rtatio Pub c Works 1 0M SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of 4" authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or ,. materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. 3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract *■ Documents prior to the bid receipt. Information regarding the status of addenda may 00 2 be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non-responsive. 4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City business days from the date that the MIWBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation') is received by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less,payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Two-year Maintenance Bond is required for all projects to insure the prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on 3 obligations permitted or required under federal law. Satisfactory proof of any such r reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. +r No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City I 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late 1 completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth (1986), as amended, prohibiting discrimination in ' employment practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State • Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Workers Compensation (statutory); Comprehensive General Liability($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements, see Special Instructions to Bidders - Item 16. r• 4 Aft �. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non- payment of premium. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. F. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. G. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any +� alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 5 K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non-resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non-resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. in. five(5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Department of Engineering ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. 6 oft ON Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements •` with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: an 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm • 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of .. work. The monthly report MUST have an original signature to ensure accountability for audit purposes. Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the .. M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: .. a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier .. d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. n 7 O+ M• If the Contractor wishes to change or delete an MVWBE subcontractor or supplier, adhere to the following: •- 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be *' considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the A, total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the MPV BE Office, 3rd floor- City Hall. For �. additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. +w Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise(M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PAYMENT, FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: The contractor will receive full payment(less 5% retainage) fr m thg p igch pay period. Payment of the retainage will be made with the final payment,upon-acceptance of the project as being complete. The project shall be deemed complete and accepted I ; s _'— .. AM by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. The warranty period shall begin as of the date that the final punch list has been completed. 15. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically, the Ozone Alert season within the Metroplex area runs from May through September, with 6:00 a.m. - 10:00 a.m. being critical ozone forming periods each day. The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires substantial use of motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Ozone Alert Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in. 406.096) - includes all persons or entities performing all or part of the services the contractor has -� undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of Oft any such entity, or employees of any entity, which furnishes persons to provide low9 services on the project. "Services" include, without limitation, providing, hauling, •* or delivering equipment or materials,or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so .. the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Pa 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 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 10 Oft 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 or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work r. 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. 'R (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs(1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be e with the appropriate 11 , . insurance carrier or, in the case of a self-insured, with the commission's Division low of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. .. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation .. insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Ok "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment 12 unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state,or local laws concerning disability and will defend, indemnify and hold . City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. �• I. END OF SECTION 13 'y M O '0 r M O O 'O Un O r- V �o t- O M N r4 'o O O O Vl M M M M Vl M a0 I M O O IO t` Vl .--. V1 0 10 V1 M M C4 'o O O 00 O, M M V) r- 10 r M V 6 4 o6 \OM O N O M 00 M (� M M O � M M M n O O d ^ m m m ' , �D vn h M d o � n vi M M �o �o N m n 0000 �j O, 10 10 V V V V V V V V V' r- Vl I- V' V 00 V M l- V V V V N V M M V a q > O Q Q Q r C q i 3 o > �d a z U ¢ a QU M a a ZW > �O w ¢ w z O w ¢ a O x o C x H o > � m F W °¢ °¢ az � O O W N w C4 Q Z Q U)l N F�1 H a. j 3 U cL 9a > W c>a�L- 4] �,t q p ¢ i Q a x a u Wt u Q� o p a aWq c wy O p .�1 U zzd r F' cL' N " .�1 !zr.�] ¢ �j U q > w Q U v 00 °" p Q r U p x zu �- a F" ¢ z z Q o Q a W x H H m z x o °� x ¢ ¢ w �' x 3 o z a x a x Im m m `a -� m UF. O q O 3 v, u c7 z a - F O ° Io m o m qqQd O > 'o o N 0 a M u] g N z m v� a � v a 0 O N U z v a w z o W N .�] a w J C) , o w p0 vi z OL V W W m 6) @ w 6 @) @) � (7 (i N@) 9 U U � g ow z 0 V W z ¢ .a Q x° > > p F H H q rx Q ¢ ¢ o H ¢ z 3 9 o o Qcn ¢ Q z x x g m W > we p x a w U ¢ LU z u� x U p F x ¢ w v w 3 F O a O [x�- a � ¢ w w w Ua' ucl 2 0 x ap ¢ w w ¢ z a a p O ¢ O ¢ ¢ m m m m m m m m m m U U Q g W W W u C7 `j z z 0 rn rn rn rn oo O1 a, O� 01 01 O� N O1 V100 M l� V O V1 ^ -- V Vl W U O o O O O O O '0 O N O� O O M M O O O O 00 Vl O O O V O O O O O O O O O M O t- O O O M O O O O O O O O O O V O O O V N 00 M b V O0 N f� fo fes ^ N 00 VY N O b C, -- -- 00 r- M V V) V A N M N V1 l- 10 V V' �O M N V [- -- N r V1 V l� o r h h O h o 0 en 0 H Q W b � h-1 CYn- h N \D N �O 00 � y b oo ' C4 L. Cd Cd 3 > at A ¢ w a ¢ Q wU z a C/) a dcna . p w o z U w z 0 FQ a x > a A g Q ¢ z a 0 as F n z w E" rx -a o ¢ <w z o x a aC' v� cn z F- > ¢ w ¢ cn goU� Ua3UaU � aU � U ' � W3 z o w > 3 W > FCa A "IQw - x U w p E w � w rCA�7 Y w C] fyz ¢ ra � � ¢ ac� Q3woQ o a ° H > 3 3 3 3 10 a C 10 ID v 0000 v O w U p p O aI `O 7 h h 00 V h co vl ow CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE ' Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 °A Carpenter (Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper (Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 r• Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 �. Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 $10.00 CY) Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 $11.52 CY) Front End Loader(2 1/2 CY& less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator (Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter (Paving) $9.75 Truck Driver-Single Axle (Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 OR Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 16 Am Ap PROPOSAL Ift TO: Mr. Gary Jackson City Manager Fort Worth,Texas FOR: CONCRETE RESTORATION(2004-6) AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH,TEXAS PROJECT No. GS93-020930532520 AM Pursuant to the foregoing"Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site,understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment,and materials necessary to complete all the work as am provided in the plans and specifications,and subject to the inspection and approval of the Department of Engineering Director of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus(±)25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid process. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID PRICES UNIT TOTAL ITEM ITEM QUANTITY WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1. 1 LS. UTILITY ADJUSTMENT Dollars& Cents Per LS. $10,000.00 $10,000.00 S.P. 2. 6 EA. PROJECT DESIGNATION SIGNS f��►� f��.�.�rr�o 14;01r-,1 Dollars& ©v pp Cents Per EA. $ 5O , $ S.P. 3. 11,576 SY. REINFORCED CONCRETE PAVEMENT 314 Dollars& �p IUPC, Cents Per SY. $ -' $ Z�I S.P. 4. 62,532 LF. SILICONE JOINT SEALANT(Joints± '/4" wide) Gd f t Dollars& f pp rid � 1.1a Cents Per LF. $ I $ S.P. 5. 1000.0 LF. SILICONS JOINT SEALANT(Joints± 1.5" wide) -T-LAJO Dollars& 3�- pa 7' /TLV r—Itit Cents Per LF. 2 350 f9 4' .n c_ 17 SRN-05-2004 MON 05.x: PM TRANSPORTAT=ON PIR IC WK FAX NO, 817 871 9092 P, 03%06 .! S.P. 6. 2000 L1=. 7"C(?CRETE CURB & GUTTER REPAIR 9%4 Dollars& D c V _Ceatc Pcr LF. S.P. 7. 1737 SY. FLEX BASE 1E,16 4 T- 8� '539 Dollars Cutts Per SY, $ 4--O= 3 S.P. 8. 2605 CF. EXCAVATION .. a - ___Dollars& F= r r--r4 Cents Per CF. $ r 50 S 130?— S.P. S.P. 9. 97 CY. CONCRETE r-D27-- _Dollars& ? po U CenTs Per CY. $ 3 ✓ S-P_ 10. 3 EA. 111 OLE ADJUSTMENT •T'wo t�c��''�tn _Dollars& Cents Per Each $ �E}� S6606-0 S.P. 3 EA, WATER VALVE BOX ADJUSTMENT Dollars& ov Cents Per Each $ Z00 — S CoO0�`' TOT i.BID S to ze) -1 80 � w This contract is issued by an organization which qualifies for exemption paraLant to tha prevision of Article 20.04(F)of the Texas Limited Sales, Excise and Use Tax Act, xes. All equipment and materials not consumed by or MZMPorated into tl,e project construction,are subject to State sales taxes under Hous:Bill 11,enacted August 15, 1991. The:successful Bidder shall be rcgtuircd to complete the attached S:atcTncnt of Materials and Other Charges at the Limo cf executing ax Contract. The Contractor sha-1 comply with City C'rdirtance 7275, as amended by City Ordinance 7400(Fort North City Code Sections 13-A-21 through 13-A-20),probibitinh discrirruriLtion in cmplo,inent practices, The and.-rsigned agrees to oomplete all work covered by these .orvra:r documents within 130 working days from imd alter the date for comvzncirg t%ork as set forth in the %Nritten Work Order to be issued by rhe Owner and to puy not less thsn the`Prevailing Wage Rates for Street,Druinage and Utility Construction"as established by the City ofrcrt Worth,Texas. Within tca(10)da}3 of rcczipt of notice of aeecptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety BonAfor the faithful perfom-lanec of this contract. The attached deposit check in the sum of VfyAt3 5°to Dollars ANA ($ 10 � ' ) is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. (Uwe),acknowledge receipt of the following addenda to the plans and specifications, all of AM the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: A&- �.. �' Addendum No. 3 (Initials) Addendum No. 1 (Initials) (In ) Addendum No. 2 (Initials) ^✓ Addendum No. 4 (Initials) Respectfully submitted: r Compa ame By Address P&I ?.-Q!4 �. Old Telephonet7- (SEAL) Date OEM A- 19 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder,nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications. The failure of out-of-state or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State),our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State),our principal place of business,are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. [X Am �.. BIDDER: By: + � U -4 p-L�L its (Please print) PC) T30K ?0lr Signature ��Ja-cDtc e `� (031 Title: City State Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION r r 20 I 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/W.BE,goal is appllcable. If the total dollar value of the contract is less than$25,000, the MMWBEigoal_is.r3ot:applicable, POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MNVBE PROJECT GOALS The City's MBEIWBE goal on this project is 7 % of the base bid value of the contract. COMPLIANCE TO BID SPECiFICAT IONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation,or; 4. Joint Venture, SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, Exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p-m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date.' statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: oeening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE, WILL RESULT IN THE BID BEINGCONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817) 871-6104. Rev.5128103 ATTACHMENT 1A Page 1 of 1 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime .r PROJECT NAME: LMIWIDBE NON-MNV/D9E BID DATE ¢- '� City's MNVBE Project Goal: Prime's MNVBE Project Utilization: PROJECT NUMBER % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City bu iffess 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 MlWBEs 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 prirhe contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1 S1 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. If hauling services are utilized, the prime will be given credit as long as the MIWBE listed owns and operates at least one fully licensed and operational truck to be used dm'the contract. The MWEE may lease trucks from another MIWBE firm, includingM/WBE owner-operators; and receive full MIWBE credit. The M1VVBE may lease trucks from non-MIWBEs, including owner-operators, but will:only receive credit for the fees and commissions earned by the MIWBE as outlined in the lease agreement. Rev.5121/03 00 FORTWORTH ATTACHMENT 1A I Page 2 of 2 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification SUBCONTRACTOR/SUPPLIER (check one) T N T Detail Detail Company Name i Address e M W C X r Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B R D % E E C T f A Pw f(p 2 3 Z •�c'�e rC� 1 '��,0 06 r' .. L6(7- -759- L-0 59-L 0 AiA T.2j �pD�tTR�4C-y r.L I AA, p . e34-- i9 Arjrxi s A I RPv r'111/nv FORTWORTH ATTACHMENT 1A 7 Page 3 of 3 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e_, Minority,Women and non-MIWBEs. Please list M/WBE firms first, use additional sheets if necessary. • Certification f {check:one} SUBCONTRACTOR/SUPPLIER T r Detail Detail Company Name i N T Address e M w C X p`. Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D .4 E E R E C T E ' A 7 as 40 �I 44 FORT WORTH ATTACHMENT 1A Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ ©e Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ , TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ r tog?t)®() a� 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 detailI explanation is not submitted, it will affect the final compliance determination. r 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 MAV/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of' interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the 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. r iL> l� �slt�t�DS { Autho ed Signature Printed Signature Title• Contact Namerritle(if different) a"/-s% (!91 7-5-58^ F S(LJ¢-- Be 7—S Company Name Telephone andfor Fax r-(,) ZDI� [.t��s 7-4 pc t. T A-) Address E-mail Address Citytstaterzip Date Rev.5121/03 CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING SPECIAL PROVISIONS FOR: CONCRETE RESTORATION(2004-6)AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH,TEXAS PROJECT Pio. GS93-020930532520 1. SCOPE OF WORK: The work covered by these plans and specifications consist of replacement of existing reinforced concrete pavement with a minimum of 7" reinforced pavement section and the replacement of failed joint material with silicone sealants. 2. AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bidder. The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Contract will be awarded to the lowest responsive bidder. 3. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 4. RIGHT TO ABANDON: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. 5. CONSTRUCTION SPECIFICATIONS:This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Transportation Public Works, 1000 Throckmorton Street,2nd Floor,Municipal Building,Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division I of the North Central Texas document. 6. CONTRACT DOCUMENTS: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 bid espousiu -ate rejecting bids or voiding contract as appropriate and as determined b the ptssistant Director of e 28 aw 7. MAINTENANCE STATEMENT:The Contractor shall be responsible for defects in this project due to faulty materials and workmanship,or both, for a period of one(1)year from date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 8. TRAFFIC CONTROL: The contractor will be required to obtain a"Street Use Permit"prior to starting to work. As part of the"Street Use Permit"a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the"Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways"issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues,pertinent sections being Section Nos. 27, 29,30 and 31. This traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer @ 817-871-6594 at least 10 working days prior to the pre-construction conference. Although work .. will not begin until the traffic control panel has been reviewed the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. 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. Signs and Markings Division (phone number 871-2531 or 871-7738), to remove the sign. In the case of n• 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 Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. s. 9. PAYMENT: The Contractor will receive BI-weekly payment(minus 5%retainage)from the City for all work generated within a pay period. Payment of the remaining amount shall be made with final payment and upon acceptance of the project. 10. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work,except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time,his application for which shall, however,be subject to the approval of the City Council;and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 11. 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 protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications"Barriers and +� Warning and/or Detour Signs,"Item 524. 29 PK PS Construction signing and barricades shall conform with"1980 Texas Manual on Uniform Traffic 4M Control Devices,Vol.No. 1." 12. 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 "W 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 Milk City of Fort Worth(Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling 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 contractors disposal sites shall be evidenced by a letter signed by on 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 contractors expense. In the event that the contractor disposes of spoil/fill materials 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. No temporary storage of material,rubble,equipment or vehicles within Parkway is allowed. Damage to sodded/landscaped areas would be replaced at Contractor's expense to the satisfaction of City Engineer. �r 13. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer prior to construction a schedule outlining anticipated time each phase of construction will begin and be completed, including clean up time. 14. ZONING REQUIREMENTS: 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. 15. QUALITY CONTROL TESTING: .� (a) 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 asphaltic 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. (b) 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 which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. (c) 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. (d) Not less than 24 hours notice shall be provided to the City by the contractor 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. r 30 (e) 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. 16. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 17. 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: Pb "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage- type of guard about the boom or arm,except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six 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 six feet of a high voltage line without protection having been taken as outlined in Paragraph(c). 18. RIGHT TO AUDIT: (a) 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 work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,under the expiration of three(3)years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books,documents,papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work s er.t conduct audits in compliance with the provisions of this article tog with subsection(G hereof. City shall give subcontractor reasonable advance notice of tended audits: (c) Contractor and subcontractor agree to photo copy such documents a maybe requeAted by the City. The City agrees to reimburse contractor for the cost of copies fo1,,1owi : ��- 31 oft Ob 1. 50 copies and under $0.10 per page. qft 2. More than 50 copies $0.85 for fust page plus$0.15 for each page thereafter. (d) "Contractor agrees that the City shall,until the expiration of three(3)years after final payment ++ under this contract have access to and the right to examine any directly pertinent books, documents,papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during non-nal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." CONSTRUCTION NON-PAY ITEM No. 1 -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. 2 -PROTECTION OF TREES,PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including 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. 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 rights- of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees 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. NON-PAY ITEM No.3 —PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary,clean-up shall be done on a daily basis. Clean up work shall include,but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition,on the next estimate payment(and all subsequent payments until completed)of the appropriate bid item(s)will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and urb and gutter ih8fbedu constructed. No more than seven days shall elapse after completion of construction_before'tbe roidwa and nr right-of-way is cleaned up to the satisfaction of the Engineer. _ 32 ,r NON-PAY ITEM No.4—PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up,and allow the contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until • said schedule has been received and approval secured from the Construction Engineer. However,contract time will start even if the project schedule has not been turned in. Contract start date would be outlined in the Work order notice.Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. PAY ITEM No. 1 -UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water,sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments,neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the"Contractor"responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the contractor damage service lines due to his negligence,where such lines would not have required adjustment or repair otherwise,the lines shall be repaired and adjusted by the contractor at the contractor's expense. The payment to the contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent(10%)to cover the cost of bond and overhead incurred by the contractor in handling the utility adjustments. PAY ITEM No. 2-PROJECT DESIGNATION SIGN: The contractor shall construct and install two(2)Project Designation Signs and 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 P h' accordance with the enclosed 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 enclosed detail. The sign shall be constructed of 1/4"fir plywood,grade A-C(exterior)or better. These signs shall be installed on barricades or as directed by the Engineer and in place 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 unit price bid per each will be full payment for materials including all labor, equipment,tools and incidentals necessary to complete the work. f r PAY ITEM No.3-REINFORCED CONCRETE PAVEMENT: a. This item shall include the removal of existing concrete/asphalt pavement,curb and gutters,dowels, and placement of a minimum 7"reinforced concrete pavement at locations as designated by the ' Engineer. Existing concrete pavement shall be sawed full depth,Tie bars(4 @ 18")shall be placed as shown on the enclosed detail. Silicone joint sealant per the attached specification shall be provided and installed. In situations where extensive slab replacement next to the existing curb in fair shape is undertaken,contractor would replace both slab and curb monolithically. Payment for curb replacement would be addressed under payment Item#6 concrete curb repair. 33 Contractor would avoid disturbing subgrade and the removal of subgrade in process of removing designated failed pavement. If replaced depth exceeds 7" and subgrade meets compaction requirements. Contractor would pour a uniform pavement section exceeding T' in depth,Pay Item#9 would cover the cost of additional concrete and would be full compensation for labor,material and equipment use. If in the process of removing failed concrete pavement,it is revealed that subgrade even after attempts to compact and re-shape is not meeting requirements of Item#204 and is exhibiting severe ruts,poor material composition that can not be manipulated and compacted. Contractor would remove 6" of top subgade and replace with Flex Base(Pay Item#7). Selection application is per Item#208. If failed concrete pavement has a depth that is less than 6" in depth(distance between top of new pavement surface and re-compacted subgrade surface)contractor would remove excess sugrade material. Subgrade would be re-shaped re-compacted to allow a T'replaced concrete pavement section. Cost of removing and proper disposal of excess excavated material would be covered under Pay Item#8. For specifications governing this item see Item No. 104"Removing Old Concrete: and Item No. 314 "Concrete Pavement". The concrete shall be designed to include a minimum of 6 sacks of Type I,or Type III cement. The maximum water cement ratio shall not exceed 5.5 gallons per sack. A Type A water-reducing admixture and a Type C non-chloride set-accelerating admixture may be used with minimum 5.5 sacks of type I or Type III cement to achieve the earliest possible concrete-setting times. The use of a set- retarding admixture will not be permitted. The concrete will be designed to achieve a minimum compressive strength of 3000 pounds per square inch in 72 hours. Slump shall not exceed 3 inches. An entrained air content of three(3) to six(6)percent,as directed by the Engineer, shall be provided. The fine aggregate shall have fineness modules of 2.60 to 2.80. All admixtures used shall conform to the requirements of Item No. 314, except that the Type C set-accelerating admixture may require addition at the job site when the temperature of the concrete is above 55N F. Either transit-mix or central-mix concrete will be permitted. If the concrete fails to reach the required 48-hour strength,the Engineer may direct that the concrete be redesigned as necessary to meet these requirements. Concrete pavement may be opened to traffic as long as the minimum:compressive strength requirement rof 3000 pounds per square inch has been met. Contractor would remove existing failed pavement in a manner that sub-grade is not disturbed. Contractor would re-compact sub-grade. Areas compacted shall have a uniform density not less than 95%of maximum density(ASTM D-698). In place density test per each repaired surface area would be undertaken. The guidelines for compacting(item 202)would be waived due to physical construction restrictions, in lieu of other methods accepted by Engineer. Payment for compacting implementation including labor and material would be incidental to other pay items. b. All concrete pavement not placed by hand shall be placed using a fully automated paving machine as Approved by the Construction Engineer. Screeds will not be allowed except if approved by the Construction Engineer. Unit price will be full payment for materials including all labor and equipment. PAY ITEM No.4&5 -SILICONE JOINT SEALING FOR CONCRETE PAVEMENT: PAY ITEM CONCRETE JOINT SEALING 34 am am Pay item addresses existing joint undergoing rehabilitation and newly formed joints that require new joint .w material.Pay item shall address the removal,clean up and replacement with Backer Rod, Polyethylene Bond breaker tape and Redwood expansion joint filler(when a slab is replaced at one side of a joint)an acceptable sealant for existing joints(Transverse, longitudinal,either construction or an expansion joint) per pavement joint details outlined. Limits of work would be outlined by city a engineer,or a designated representative. Removal and clean up of existing joint surfaces should yield uniform straight surface that would allow the proper installation of silicone sealant per manufacturer guidelines. Removal of existing joint material would be removed by an appropriate method such as a joint plow,a router or hooks. Sand blasting or water could be used to clean inside surfaces of joint in preparation of silicon application. Joint surfaces should be free of all contaminants and residue as called for by silicone manufacturer criteria and as indicated in the construction method in this section '^ CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING *„ (Revision 1,October 18, 1989) (Revision 2,May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11)"Joint Sealing Materials"of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH,and Item 2.210"Joint Sealing"of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS 3.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. 3.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. 3.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Coming 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation,Midland,MI 48686-0994,or an approved equal. *" Self-Leveling Silicone Joint Sealant Test Method Test Requirement AS SUPPLIED Non Volatile Content, % min. 96 to 99 35 r. Ob MIL-S-8802 Extrusion Rate, grams/minute 275 to 550 ok ASTM D 1475 Specific Gravity 1.206 to 1.340 Skin-Over Time, minutes max. 60 Cure Time, days 14 to 21 " Full Adhesion, days 14 to 21 AS CURED-AFTER 71 DAYS AT 25C sw ASTM D 412, Die C Mod. Elongation, % min. 1400 ASTM D 3583 Modulus @ 150% Elongation, psi max. 9 (Sect. 14 Mod.) ASTM C 719 Movement, 10 cycles @ +100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation min. 600 (Sect. 14 Mod.) ASTM D 3583 Adhesion to Asphalt, % Elongation min. 600 (Sect. 14 Mod.) 3.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent *` the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the"Construction '. Detail'sheet for the various joint details with their respective dimensions. 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the"Construction Detail'sheet or as directed by the Engineer within 12 hours of ,r the pavement placement. (Note that for the"dummy"joints,the initial 1/4 inch width"green"saw-cut and the"reservoir"saw cut are identical and should be part of the same saw cutting operation. Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints.) The pavement shall be allowed to cure for a minimum of seven (7)days. Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F(4C) and rising. 4. EQUIPMENT 5.1 All necessary equipment shall be fiunished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows: 5.2 Concrete Saw:The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 5.3 High Pressure Water Pump:The high pressure cold water pumping system shall 36 be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 5.4 Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm. There shall be suitable reaps for the removal of all free so water and oil from the compressed air. The blow-tube shall fu into the saw-cut joint. 5.5 Extrusion Pump:The output shall be capable of supplying a sufficient volume of sealant to the joint. 5.6 Injection Tool: This mechanical device shall apply the sealant uniformly into the joint. 5.7 Sandblaster:The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 5.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free r` of contamination. They shall be compatible with the join depth and width requirements. 5. CONSTRUCTION METHODS 6.1 General:The joint reservoir saw cutting,cleaning,bond breaker installation,and joint sealant placement shall be performed in a continuous sequence of operations. 6.2 Sawing Joints: The joints shall be saw-cut to the width and depth as shown on �. the"Constriction Detail'sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 6.3 Cleaning Joints: Immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. w When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate,one directional r, passes.Upon the termination of the sandblasting, the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If WL any dust or contamination is found,the sandblasting and blowing shall be repeated until the joint is cleaned. Solvents will not be permitted to remove stains and contamination. PP Immediately upon cleaning,the bond breaker and sealant shall be placed in the reg 37 WL Am joint. Open,cleaned joints shall not be left unsealed overnight. +o Bond Breaker Rod and Tape:The bond breaker rod and tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. PW 6.4 Joint Sealant: Upon placement of the bond breaker rod and tape, the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F(4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface shall present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints:A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. 6. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also,the Contractor shall provide the Engineer a01 written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final racceptance of the completed work by the Engineer. 7. BASIS OF PAYMENT rPayment will be made at the Contract bid item unit price bid per linear foot(L.F.)as provided in"MEASUREMENT"for"SILICONE JOINT SEALING",which price of shall be full compensation for furnishing all materials and for all preparation,delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with these specifications. PAY ITEM No. 6-7"CONCRETE CURB REPAIR: Standard Specification Item 502 shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. In situations where only curb replacement is called for,new curb would be doweled into existing pavement per detail sheet. This pay item would cover the cost of labor and material included in item. The concrete for the curb shall be deposited not more than thirty(30)minutes after the concrete in the slab. Engineer or his designee would determine location and limits of replacement. Cost of Back Filling behind curb, grading and Turf Re-establishment and watering of sod would be included in this pay item. PAY ITEM No. 7—FLEX BASE: Contractor would implement pay item to address subgrade that has irregularities,weak spots;ruts,and not meeting compaction requirements. Contractor would replace top 6"of subgrade with Flex Base material. 38 .► go Application of Flax Base material would be according to item#208(Standard City Specification) am measurement of pay item in sq. yd.,and would cover actual area and a depth of 6" of material used payment is full compensation and covers transporting,Flex Base,hauling off failed subgrade material, manipulation, and compaction of material. It would cover cost of labor,material,and equipment use, Subgrade manipulation, spreading,compaction,use of all equipment and labor.Use of material would be "' initialed at the direction of Engineer or his Representative in the field. PAY ITEM No. 8—EXCAVATION Nib Item covers the cost of removing excess Subgrade material whereby existing pavement section designated for replacement is 6"or less. Item covers the removal and proper disposal of excess subgrade material. Measurement is in cubic feet,and payment would be for all labor,equipment used,the removal and disposal of material. (Manipulation, re-shaping, and compaction of subgrade is covered under Pay Item#3. Application, removal,measurement consistent with Item# 106 "unclassified street excavation" as defined in City of Fort Worth Standard Specifications. Excavation would be initialed at the direction of Engineer or his Representative in the field. PAY ITEM No. 9—CONCRETE Item covers the cost of additional concrete used in replaced pavement sections that exceeds 7" in depth. Replaced pavement section to be uniform,concrete to be cast monolithically. Mix requirement, material selection,compressive strength should match requirements highlighted in Pay Item#3. Measurement in Cubic yard,actual measured material in place would be basis for payment. Payment would be full compensation for labor, material and equipment use. Implementation would be initialed at the direction of Engineer or his Representative. PAY ITEM No. 10—MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing manhole to match proposed grade as shown on the plans,in the detail at the back of this document or as directed by City Representative. Standard Specification Item Nos. 450 "Adjusting Manholes and Inlets" and 406"Concrete for Structures"shall apply except as herein modified. Included as part of this pay item shall be the application of a cold-applied pre-formed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions. .. Prior to beginning of work,the Contractor shall make an inventory of the condition of existing manholes. The City Representative will field verify this inventory and provide the Contractor replacements for broken manhole covers. The contractor shall replace the manhole covers which are damaged during construction at no cost to the City. PAY ITEM No. 11 —WATER VALVE BOXES ADJUSTMENT: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. ,.. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing water valve boxes. The City Representative will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes which are damaged during construction at no cost to the City. 39 Iva The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Work shall be completed and street open to traffic within seven(7)calendar days. The unit price pre bid per each will be full compensation for all labor,materials, equipment,tools, and incidentals necessary to complete the work. 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Q L c W Z Q \ w�O v 3W N C F—O N ZLLJ1 ZS \� QF— Z °UQ ,� w c --F— J a ° v F- O � �pZ li N3 m Nm� x� w0Z - <z \ z0-5O a = v XU , OZ N�LLJ co a° W I f\ �WZJ M O # W ° U z O O a J- m N d U X J U xw_jWwQ O 1 IIS LLJ>0 F- Z U on w0SO-1o U1CY�-0n SS3NN3[ H1 Ld p�z ON[1S [ X3 >0 UJ .O z �:D w 00 Q m O 0 J W Q�OQz =�w HLj-mQL Cn 1� � N � W � z W � W w z > a C o w � w U I— o LL- - Q rr z LL, N N < Q N N LL. zw m ~ u 0 o wQ LL- rr- I � V) U� z Un W wzUO r-- ao w w II it II W o > � V) a �- PROJECT DESIGNATION SIGN - - - 41 - 0 II FORTWORTH.--- �4 PMS 288 I PMS 167 3.. —Project3 Title AL.4 = 4 O 1' Contractor: i '12" 2� 2, Contractor's Name 7 V72'4 heduled Completion Datei ,�2„ 2' Year 5 6 FORT WORTH IN LOGO- CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD _ I LOGO COLORS: flr FORT WORTH - PMS 288 LONGHORN LOGO- PMS 167 J =' TMCERTIFICATE OF LIABILITY INSURANCE DATE IMM/ 4/06/04/04 PRooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm. Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Main St, Suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth. TX 76102-5333 817-820-8100 INSURERS AFFORDING COVERAGE NSURED INSURER A: Amerisure Insurance Co Westhill Construction, Inc. — ------ Attn: Ted Reynolds NSURER B: .L P.O. Box 2016 INSURER C: Cleburne TX 76033 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR POLICY EFFECTIVE POLICY EXPIRATION -TR TYPE OF INSURANCE POLICY NUMBER DATE MM DD Y DATE IMM/DDjYYj LIMITS A GENERAL LIABILITY CPP1324096-4 2/28/04 2/28/05 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50000 CLAIMS MADE 7 OCCUR MED EXP(Any one person) $_— 5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2000000 POLICY X PEOT LOC A AUTOMOBILE LIABILITY CA1324095-4 2/28/04 2/28/05 COMBINED SINGLE LIMIT X ANY AUTO Ma accident) $ 1000000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ — AUTO ONLY: AGG $ �A EXCESS LIABILITY CU1324097-4 2/28/04 2/28/05 EACH OCCURRENCE $ 5000000 X OCCUR 71 CLAIMS MADE AGGREGATE $ 5000000 S DEDUCTIBLE $ X RETENTION $ 10000 $ G WORKERS COMPENSATION AND WC201 8729-00 2/28/04 2/28/05 X ORY L MITS DER EMPLOYERS'LIABILITY E.L,EACH ACCIDENT $ 1000000 E.L.DISEASE-EA EMPLOYEE S 1000000 •IIS li E.L.DISEASE-POLICY LIMIT $ 1000000 A OTHER 2/28/04 2/28/05 PROPERTY CPP1324096-4 IF APPLICABLE SEE BELOW INLAND MARINE IM1324098 IM LMT $237,828, $1000 DED. )ESCRIPTION OF OPERATIONS/LOCATIONS/VE HI C LES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: CONCRETE RESTORATION (2004-6) AT VARIOUS LOCATIONS IN CITY OF FORT WORTH, TEXAS. PROJECT NO. GS93-020930532520. THE CITY OF FORT WORTH, TEXAS, ITS OFFICERS, EMPLOYEES AND SERVANTS ARE ADDITIONAL INSUREDS ON ALL POLICIES EXCEPT WORKERS' COMPENSATION. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF FORT WORTH, TEXAS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: VICKI MCDONALD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1000 fHROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR FORT WOR fH, TX 76102 REPRESENTATIVES. AUT RIZED REPRESENTATI r NCORD 25-S (7/97) 0 Ar_T CORPORATION 1988 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 Concrete Restoration (2004-6) at Various Locations and City of Fort Worth Project No. GS93-020930532520. CONTRACTOR: LJ ul3tli" Z:T nuc By: Name: Title: Ilk Date. 443,0 4- rSTATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared 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 for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of \ , 20tH Ck�\,k) Notary Public in nd for the State of Texas K. NEWSY F87MARILYN otary PubUc qP TE OF TEXAS m.Exp.03/23/2008 r PERFORMANCE BOND Bond No. 75-0077-06 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Westhill Construction, Inc. as Principal herein, and (2) The Guarantee Company of North America USA a corporation organized under the laws of the State of (3) Michigan and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Six Hundred Twenty Eight Thousand, Nine Hundred Eighty Dollars and Fifty Cents Dollars ($628,980.50) 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 2nd day of March , 2004, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of CONCRETE RESTORATION 2004-6 AT VARIOUS LOCATIONS Proiect No. GS93- 020930532520. 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 harrriless 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 2"d day of March , 2004. WesthilkTonstruction, Inc. PRINCI A. ATTEST: By: Q)k� Name: Ted Reynolds (Principal) S etary Title: President (S E A L) Address: P O Box 2016 Cleburne, TX 76033 P Witness as to P incipal The Guarantee Company of North America USA SURETY _ ATTEST: By: Name:'" Jaclyn Wilson Secretary Attorney in Fact (S E A L) Address: 10235 West Little York Suite 258 Houston, TX 77040 Witness as to Surety, Shelly Bolender Telephone Number: (713)466-0093 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. ill PAYMENT BOND Bond No. 75-0077-06 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Westhill Construction, Inc. , as Principal herein, and (2) The Guarantee Company of North America USA a corporation organized and existing under the laws of the State of(3) Michigan as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Six Hundred Twenty Eight Thousand, Nine Hundred Eighty Dollars and Fifty Cents Dollars ($628,980.50) 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 2"d day of March , 2004, 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: CONCRETE RESTORATION 2004-5 AT VARIOUS LOCATIONS Protect No. GS93-020930532520. 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 2"d day of March 2004. Westhill Construction, Inc. PRINC17. TTEST: By: Name: Ted Reynolds (Principal) S44etary T itle. President (S E A L) Address: P O Box 2016 Cleburne, TX 76033 Witness as to incipal PM The Guarantee Company of North,Am_er;ca USA SURETY r ATTEST: By: / Name: Jaclyn Wilson Secretary Attorney in Fact (S E A L) Address: 10235 West Little York Suite 258 Houston, TX 77040 713 Witness as to Surety Shelly Bolender Telephone Number: (713)466-0093 � NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. MAINTENANCE BOND THE STATE OF TEXAS § Bond No. 75-0077-06 COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: .That Westhill Construction, Inc. ("Contractor"), as principal, and, The Guarantee Company of North America USA a corporation organized under the laws of the State of Nichigan ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of:Texas, ("City") in Tarrant County, Texas, the sum of Six Hundred Twenty Eight Thousand, Nine Hundred Eighty Dollars and Fifty Cents Dollars ($628,980.50), 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 2nd of March , 20 04, a copy of which is hereto attached and made a part hereof, for the y performance of the following described public improvements: CONCRETE RESTORATION 2004-6 AT VARIOUS LOCATIONS the same being referred to herein and in said contract as the Work and being .» designated as project number(s) GS93-020930532520 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 Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be •- null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which shall be deemed an original, this 2nd day of March , A.D. 2004. om Westhil[,,Construction, Inc. no PRINCI ATTEST: By: PM Name: Ted Reynolds (Principal) Sec ary Title: President (S E A L) Address: P O Box 2016 Cleburne, TX 76033 Witness as to Prin ipal The Guarantee Company of North America USA SURETY ATTEST: Name: Jaclyn Wilson m• Secretary Attorney in Fact (S E A L) Address: 10235 West Little York "y Suite 258 Houston, TX 77040 am Witness as to Surety Shelly Bolender Telephone Number: (713)466-0093 on NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. .. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. " THE GUARANTEE COMPANY OF NORTH AMERICA USA Grosse Pointe Farms,Michigan 101', POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Grosse Pointe Farms,Michigan,does hereby constitute and appoint Shelly Bolender,Jaclyn Wilson its true and lawful attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December, 2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. Toa appoint Attome s-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds PP YO P Y. P Y and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given. PP Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31"day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this �' GJPppNTEE�,O,y 7's day of January,2004. THE GUARANTEE COMPANY OF NORTH AMERICA USA J I♦= �O'P"HAMEp�GP STATE OF MICHIGAN Jules R.Quenneville,President County of Wayne On this 7th day of January,2004 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom,said that he is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North Gail Trevor America USA offices the day and year above written. Notary Public Macomb County,MI Acting in Wayne County,Michigan My Commission Expires ,/�^ � August 2,2005 J E,v 6r L/ I,Gail E.Latham,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true IIS and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 2nd day of March, 2004. GJ_npHTEe % Q J Gail E.Latham,Secretary e� IMPORTANT NOTICE TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: p. You may contact The Guarantee Company of North America USA at 800-795-5508 to make a complaint or for information regarding this bond. You may write to The Guarantee Company of North America USA at: Claim Department 8000 Midlantic Drive, Suite 41 ON Mt. Laurel, NJ 08054 You may also contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND DOES NOT BECOME A PART OF OR A CONDITION OF THE ATTACHED DOCUMENT. IT IS GIVEN TO COMPLY WITH SECTION 2253.048, GOVERNMENT CODE, AND SECTION 53.202, PROPERTY CODE,EFFECTIVE SEPTEMBER 1, 2001. THE GUARANTEE COMPANY OF NORTH AMERICA USA TERRORISM RIDER NOTICE OF TERRORISM COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act") will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. " The portion of your annual premium attributable to certified acts of terrorism under this bond is $1.00. The cost of terrorism coverage is subject to change on any bond for which an annual premium is charged. Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 2"d day of March , 20 04 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and 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: CONCRETE RESTORATION 2004-6 AT VARIOUS LOCATIONS Designated as project number, GS93-020930532520 2. That the work herein contemplated shall consist of fumishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. C-1 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 130 (One hundred Thirty) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 315.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, From and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the ne_gli_aence or alleged neq/i_gence 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 C-2 property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged ne_gi ipence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Govemment 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 monthly installments upon actual work cornpleted by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be SIX HUNDRED TWENTY EIGHT THOUSAND, NINE HUNDRED EIGHTY DOLLARS AND FIFTY CENTS $628,980.50 C-3 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 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-d Done in Fort Worth, Texas, this the 2nd day of March , 20 04 . RECOMMENDED: CITY OF FORT WOI�TH DIRECTOR, DEPARTMENT OFSSISTANT CITY MANAGER ENGINEERING APPROVED: DIRECTOR, TRANSPORTATION AND p PUBLIC WORKS ATTEST: (Contractor) C> lxaC �!f CITY SECRETA Y (SEAL) (Representative) - � �lalat�S Contract AuthorizatioR (TITLE) Date 2ct6 APPROVED AS TO FORM & (Address) LEGA TY- 7V AS IS CITY ATTORNEY November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Revised April 1999 Revised June 1999 J� 1^ i'l lit SST :;f�3 v 6-: Revised June 2001 C-s