Invitation to Bid. Asphalt and Concrete Repairs Bid No

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1 Invitation to Bid Transportation and Public Works Department Asphalt and Concrete Repairs Bid No Sealed bids will be received until 2:00 PM CST on Tuesday, September 13, 2016 Return Bid to: Purchasing Department City of Weatherford 303 Palo Pinto St. Weatherford, Texas 76086

2 INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF BIDDING - READ CAREFULLY. FAILURE TO COMPLY WITH THESE CONDITIONS MAY RESULT IN THE REJECTION OF YOUR BID AT THE DISCRETION OF THE CITY. 1. SEALED BIDS/PROPOSALS MUST BE RECEIVED ON THE ATTACHED BID SUBMITTAL FORM, PRIOR TO OPENING DATE AND TIME TO BE CONSIDERED. LATE PROPOSALS WILL BE RETURNED, UNOPENED. 2. BIDS SHALL BE PLAINLY MARKED AS TO THE BID NUMBER, NAME OF BID, AND OPENING DATE ON THE OUTSIDE OF A COMPLETELY SEALED ENVELOPE, AND MAILED OR DELIVERED TO THE PURCHASING DEPARTMENT, CITY OF WEATHERFORD, P.O. BOX 255, 303 PALO PINTO STREET, WEATHERFORD, TEXAS ANY SUBMITTED ARTICLE DEVIATING FROM THE SPECIFICATIONS MUST BE IDENTIFIED AND HAVE FULL DESCRIPTIVE DATA ACCOMPANYING SAME, OR IT WILL NOT BE CONSIDERED. 4. ALL MATERIALS ARE TO BE QUOTED FOB WEATHERFORD, TEXAS, DELIVERED TO CITY FACILITY ON EAST OAK STREET, OR AS OTHERWISE INDICATED. 5. UNLESS OTHERWISE NOTED ON THE BID, ALL PRICES FOR ANNUAL BIDS SHALL REMAIN FIXED FOR THE TIME PERIOD SPECIFIED ON THE BID SUBMITTAL FORM. 6. IN CASE DEFAULT BY BIDDER AFTER BID ACCEPTANCE, THE CITY OF WEATHERFORD MAY, AT ITS OPTION, HOLD THE ACCEPTED BIDDER OR CONTRACTOR LIABLE FOR ANY AND ALL RESULTANT INCREASED COSTS TO THE CITY AS A PENALTY FOR SUCH DEFAULT. 7. THE CITY OF WEATHERFORD RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE ALL INFORMALITIES AND REQUIRE THAT SUBMITTED BIDS REMAIN IN FORCE FOR A SIXTY (60) DAY PERIOD AFTER OPENING OR UNTIL AWARD IS MADE, WHICHEVER COMES FIRST. 8. THE QUANTITIES SHOWN MAY BE APPROXIMATE AND COULD VARY ACCORDING TO THE REQUIREMENTS OF THE CITY OF WEATHERFORD THROUGHOUT THE CONTRACT PERIOD. 9. THE ITEMS ARE TO BE PRICED EACH NET. PACKAGING OR SHIPPING QUANTITIES WILL BE CONSIDERED. 10. ANY ATTEMPT TO NEGOTIATE WITH THE CITY OF WEATHERFORD OR ITS REPRESENTATIVES PRIOR TO AWARD, OR GIVE FALSE INFORMATION ON THE CONTENTS OF THIS BID SHALL BE GROUNDS FOR DISQUALIFICATION. 11. THE CITY OF WEATHERFORD IS EXEMPT FROM ALL SALES AND EXCISE TAXES. (ARTICLE 20.04B) 12. ANY CATALOG OR MANUFACTURERS REFERENCE IN THIS INVITATION TO BID IS DESCRIPTIVE, BUT NOT RESTRICTIVE, AND IS USED ONLY TO INDICATE TYPE AND GRADE UNLESS OTHERWISE STATED. 13. FURNISH SPECIFICATIONS AND DESCRIPTIVE LITERATURE ON ALL ITEMS BID. 1

3 14. IN THE EVENT A NO-BID IS TO BE SUBMITTED, NOTE SAME ON INVITATIONS AND RETURN WITH THE GENERAL PROVISIONS INCLUDED HEREIN. 15. THE CITY OF WEATHERFORD RESERVES THE RIGHT TO AWARD BY ITEM OR TOTAL BID AND TO WAIVE ANY FORMALITIES AND TECHNICALITIES. 16. CASH DISCOUNTS WILL BE CALCULATED FROM DATE COMPLETE SHIPMENT OF ORDER IS RECEIVED, OR DATE INVOICE IS RECEIVED BY THE CITY, WHICHEVER IS LATER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND DELIVERY TICKETS. 17. PAYMENT FOR MATERIAL OR SERVICES WILL BE MADE ONLY AFTER COMPLETION OF ORDER HAS BEEN RECEIVED BY THE CITY, AND AFTER THE USING DEPARTMENT HAS CERTIFIED RECEIPT OF MATERIAL OR SERVICES, AND VERIFIED THAT THE MATERIAL OR SERVICE IS IN ACCORDANCE WITH THE BID SUBMITTED. 18. A BID CALCULATED ON AN ALL OR NONE BASIS, MUST BE SO STATED ON THE BID. 19. THE CITY OF WEATHERFORD RESERVES THE RIGHT TO CANCEL ANY CONTRACT AWARDED FROM THIS BID WITH 30 DAYS WRITTEN NOTICE TO THE SUCCESSFUL BIDDER IF CITY DISCOVERS SUB-STANDARD MATERIALS OR SERVICE NOT MEETING BID SPECIFICATIONS, OR THE PRICING OF SERVICES OR MATERIALS ARE NO LONGER IN THE BEST INTEREST OF THE CITY OF WEATHERFORD. 20. ALL BIDS CALLING FOR LABOR AND MATERIALS FURNISHED BY THE BIDDER MUST BE BID AS SEPARATE AMOUNTS, SO SPECIFIED, FOR TAX AND ACCOUNTING PURPOSES. MATERIALS WHICH ARE INCORPORATED INTO OR BECOMES PART OF THE PROJECT ARE EXEMPT FROM SALES TAX. THE CONTRACT OR PURCHASE ORDER WILL SO REFERENCE THESE AMOUNTS. THE CONTRACTOR IS EXPECTED TO EXECUTE A RESALE CERTIFICATE INSTEAD OF PAYING THE SALES TAX AT THE TIME OF THE PURCHASE. THE CITY OF WEATHERFORD WILL ISSUE AN EXEMPTION CERTIFICATE FOR THE MATERIALS AS LONG AS THEY ARE A PART OF THE FINISHED PROJECT. 21. BIDDER SHALL STATE DELIVERY TIME IN DAYS AFTER RECEIPT OF ORDER. 22. BIDDER SHALL FURNISH AS A PART OF THE SEALED BID, A DETAILED STATEMENT OF WARRANTY. 23. IN THE EVENT OF A TIE BID FOR IDENTICAL MATERIALS BID AT IDENTICAL PRICES, THESE GENERAL CONDITIONS OF BIDDING WILL BE EVALUATED FOR COMPLIANCE AND WILL BE USED TO BREAK THE TIE. IN THE EVENT OF A COMPLETE AND TOTAL TIE IN ALL AREAS, THE STATE OF TEXAS LAW CONCERNING TIE BIDS WILL APPLY. 24. THIS CONTRACT WILL BE AWARDED EITHER TO THE LOWEST RESPONSIBLE BIDDER OR TO THE BIDDER WHO PROVIDES GOODS OR SERVICES AT THE BEST VALUE FOR THE MUNICIPALITY IN ACCORDANCE WITH CHAPTERS 252 AND 271 OF THE TEXAS LOCAL GOVERNMENT CODE. 25. ALL CONTRACTORS WILL COMPLY WITH TEXAS GOVERNMENT CODE, CHAPTER 2258, PREVAILING WAGE RATES. 2

4 Exhibit A The bid opening is scheduled to be held in the City Council Chamber located at City Hall 303 Palo Pinto St., Weatherford, Texas. Each bidder is invited to attend. The City of Weatherford reserves the right to award bids on a lump sum or unit price basis, whichever is in the best interest of the City. The City of Weatherford reserves the right to split the bid between bidders on individual prices. The City of Weatherford is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City s business. Awards should be made approximately two to six weeks after the opening date. To obtain bid results, either send a self addressed stamped envelope with your bid or ccoffman@weatherfordtx.gov. If you have any questions, please contact the City of Weatherford Purchasing Department at (817) This bid is intended to provide for the on demand repair, replacement of concrete sidewalks, curbs, driveways, valley gutters, and asphalt repairs. When the need for concrete repair and asphalt repairs work is determined, the City will notify the awarded contractor who would then proceed to repair the sidewalk, curb, driveway, valley gutters, and asphalt repairs would in turn, be paid according to the unit prices set by this contract. This contract shall begin on October 1, 2016 and shall continue through September 30, The City of Weatherford reserves the right to extend this contract for four (4) additional one-year periods if so agreed to by both parties. Based on historical spending, the City anticipates spending under this contract approximately $120,000 during the fiscal year. This is an estimated amount and is not a guarantee of what will be spent. The City of Weatherford may consider the following performances by the Contractor as unsatisfactory performance. An unsatisfactory performance determination shall not be limited to the following: 1. In excess of one instance within one calendar year of Contractor personnel assigned to a job not having the skill or knowledge to perform the service; 2. Failure to invoice according to the contract pricing; and 3. Failure of Contractor to provide timely service. 4. Failure to provide quality work. 5. Failure to provide adequate traffic control per MUTCD. 3

5 1.0 GENERAL: 1.1. Description: The successful bidder will be required to furnish all labor, equipment and materials needed to excavate and construct, repair or replace portions of street related to utility asphalt and concrete repairs as directed by the Transportation & Public Works Department. Most of this work is time sensitive due to the exposure of fill materials that may lead to weakened road structures. Therefore, the Contractor shall complete repairs within 20 WORKING DAYS of receiving the list of repairs needed. Below is the bid form with estimated quantities. NO additional bid minimums or supplemental pricing will be accepted Service Required: The City will not provide an area for disposal of any material excavated during the course of the repair process. Contractor will be responsible for the repair of any utility lines damaged due to failure to coordinate with utility agencies in advance of excavation. All asphalt will be constructed in accordance with the attached Right-of-Way Excavation Permit and Repair policy and/or the below listed asphalt repair specifications. The Contractor will guarantee each asphalt patch for a two year period from the date of approval of invoice for payment. The Contractor will be responsible for the saw cutting and removal of asphalt and concrete structures outlined by City representatives. The concrete structures (i.e. curb & gutter, sidewalk, valley gutter, driveway, etc.) should be completely removed and cleaned up to a depth of 10 inches. The Contractor shall completely remove all, if any, construction debris, material, concrete structures within the outlined area. The Contractor will be responsible for placement and compaction of base material, if necessary, concrete forming, placement of concrete reinforcement and expansion material, placement and compaction of concrete, concrete finishing and cleanup Traffic Control: The Contractor shall provide barricades and traffic control during construction; all barricades and devices used will meet the minimum requirements of the Texas Manual on Uniform Traffic Control Devices and will bear the Contractor s name on each individual device. The Contractor s name, address, and phone number shall be prominently displayed in or near each work site at all times by using either or both of the following minimum requirements: a 2 x 2, or larger, professionally manufactured sign or a 1 x 1, or larger, magnetic or decal door sign on all construction vehicles. Safety vests and safety equipment must be used by the Contractor at all times Time of Beginning and Completion: The contractor must begin work within 5 working days from date of work order/ repair list and must be completed in 20 working days from date of work order/ repair list. A repair list is typically given to the contractor on a weekly cycle. A typical work order/ repair list may consist of approximately 10 repairs at various locations within the City. Each asphalt repair may average from a range of 4 SF to 250 SF per location. Total repairs for a work order/ repair list have averaged from 1,000 SF to 3,500 SF. This information is provided only to give prospective bidders a general idea of the amount of work per work order that could be required under the proposed bid, however, the City is not obligated to purchase any particular quantities of work under the proposed contract Liquidated Damages: For each working day that any work shall remain incomplete after the time specified in the proposal and the contract, or the increased time granted by the Owner, the sum of $ per day will be deducted from the monies due the CONTRACTOR, not as a penalty but as liquidated damages. This sum of money thus deducted for such delay, failure or non-completion is not to be considered as a penalty, but it shall be deemed, taken and treated as reasonable liquidated damages, since it would be impractical and extremely difficult to fix the actual damages, and the Owner may withhold from the CONTRACTOR'S compensation such liquidated damages. 2.0 ASPHALT REPAIR SPECIFICATIONS 2.1 The following should be used for fill material for utility cuts within roadway. Cement Treated Base, Flow able Fill and/or #1 Flexible Base-crushed rock material will be used for all fill material. Material will be compacted to avoid subsequent settlement. Flex Base or loose material will only be used if approved by Director of Transportation and Public Works. 2.2 Pavement on the edges of utility trench will be saw-cut back one (1) foot to expose undisturbed area or as layout out by representative. Referred to as bridging the cut. 4

6 2.3 For bid options #2 and #3, expose base material, cement treated base or flow able fill will be tackcoated with medium curing type cutback asphalt, MC-30 or equivalent, not to exceed 0.05 gallons per square yard of surface. 2.4 For bid option #4 and #5, remove and excavate 10 below pavement surface including 12 bridge, place 8 cement treated base per detail then be tack-coated with medium curing type cutback asphalt, MC-30 or equivalent, not to exceed 0.05 gallons per square yard of surface. 2.5 Hot mix asphaltic concrete, Type D (fine graded surface course), will be placed and compacted to a depth of two (2) inches. 2.6 A minimum of three (3) foot square cut is mandatory; this includes one (1) foot bridging. 2.7 Asphalt repairs on high traffic roads and/or collector roadways shall be repaired the same day. No open excavated areas will be allowed unless approved by Director of Transportation and Public Works or representative. 3.0 CONCRETE REPAIR SPECIFICATIONS 3.1 Fill Material: The following should be used for fill material for utility cuts within roadway. Cement Treated Base, Flow able Fill and/or #1 Flexible Base-crushed rock material will be used for all fill material. Material will be compacted to avoid subsequent settlement. Flex Base will only be used if approved by Director of Transportation and Public Works. 3.2 Concrete: Ready-mix concrete, to meet 3,600 psi 28-day strength. 3.3 Reinforcing Steel: Standard steel placement in sidewalks shall be #3 rebar on 18 centers both ways. Three #3 rebar in the curb and gutter sections as per attached detail STD-4.0. Reinforcing steel on full depth concrete repairs and driveways shall be #4 on 12 centers both ways. 3.4 Dowel Bar: ½ diameter smooth mild steel bar, normally 24 in length, one-half of bar will be coated with asphalt or tar to allow the concrete to move laterally without loading the dowel, a dowel sleeve will provide at least a 1 void at the free end of the dowel pin. 3.5 Expansion Material: Bituminous pre-molded expansion joint material (1/2 inch think Flexall Bituminous Fiber J-M Asphalt Felt Sided or equivalent). 4.0 CONSTRUCTION METHODS: 4.1 Backfill: Backfill material, if required, will be per City repair details or as directed by the Director of Transportation and Public Works or his designee). Material will be compacted to prevent subsequent settlement. The sub-grade will be moist when the concrete is placed. 4.2 Placement of Reinforcing Steel and Expansion Joint Material: The reinforcing steel, if required, shall be placed in position as shown on the plans. Care shall be exercised to keep the steel in its proper location. Expansion joint material shall be placed along all sides of the structure where it abuts existing concrete and/or utility structures. Dowel pins will be installed, where directed by the engineer, to prevent differential vertical or horizontal movement of the abutting concrete structures. Expansion joints shall have a maximum spacing of 30 in curb and gutter and 40 maximum in sidewalk. 4.3 Forms: Shall be of wood or metal, of a section satisfactory to the engineer, straight, free from warp, and of depth equal to the thickness of the finished work. They shall be securely staked to line and grade and maintained in a true position during the placing of the concrete. 4.4 Concrete Placement: Concrete shall be mixed in a manner satisfactory to the Director of Transportation and Public Works, placed in forms to the depth specified, and spaded and tamped until thoroughly compacted and mortar completely covers the surface. The top surface shall be floated to a gutter texture or match adjacent concrete texture and finish. The outer edges and joints shall then be rounded with approved tools to the radius shown on the plans. Surface will be lightly wet-broomed 5

7 prior to taking final set. Sidewalk shall be marked into separate sections, each 5 feet in length or matching existing joint spacing, by use of approved jointing tools. If existing adjacent sidewalk is struck differently, new construction will be struck to blend with existing sidewalk. Contractor shall indent concrete with City of Weatherford stamp. City will provide stamp to Contractor. 4.5 Curing: When completed, the miscellaneous concrete repairs will be covered with an impervious material or a membrane-forming curing compound and moist cured for not less than 14 days before being opened to traffic. 4.6 Cleanup: The contractor will keep the job site clean. At the end of each workday, scrap materials will be removed from the site. Unused materials will be stacked neatly in a location which will not interfere with pedestrian or vehicle traffic. After each repair is completed and properly cured, all forming materials will be removed from the site, the site swept and the City advised so the pavement may be patched as necessary. The City will not provide dump sites for any spoil or waste material. Contractor is responsible for legal and proper disposal of any excavated material. After concrete is cured, contractor shall backfill behind curb, sidewalk, or adjacent concrete structure with suitable backfill. Backfill shall be compacted in lifts no less than 12 inches. 4.7 Barricading: During construction and curing, project site must be properly barricaded on street and off street including special barricading from pedestrians. All barricades used will meet the minimum requirements of the Texas Manual on Uniform Traffic Control Devices for construction and maintenance. 4.8 Inspection: All project sites will be inspected prior to concrete placement. Inspectors should be given at least 24 hours notice. The City reserves the right to require removal and replacement (at the contractors expense) of any concrete placed without inspection. 4.9 Concrete repairs on high traffic roads and/or collector roadways shall be repaired the same day. No open excavated areas will be allowed unless approved by Director of Transportation and Public Works or representative. 5.0 MEASUREMENT AND PAYMENT: 5.1 MEASUREMENT: All work will be measured in square feet or linear feet of completed and accepted asphalt or concrete repairs. All repairs are per permit location which is per the approved construction permit submitted plan or layout location. A permit location may consist of several repairs in one road block or on different roads and the quantities shall be combined to determine the price paid for square feet. For bid item #7 the estimated 1 CY per permit location will be based on the following quantities: Bid item #8 less than or equal to 80 square feet. Bid item #9 less than or equal to 22 linear feet. Bid item #10 less than or equal to 55 square feet. For bid item #10 there will be a 10% cost increase to unit price for each additional inch of concrete placed. 5.2 BASIS FOR PAYMENT: All work will be paid at the contract unit price per square feet of completed and accepted asphalt and concrete repairs. Contract unit price will be payment in FULL for all furnished materials, equipment, tools, labor, and incidentals including costs related to saw-cutting, back filling behind curb, traffic control, digging and haul off necessary to complete work and to perform the site maintenance operations outlined in these specifications. 6.0 TERMINATION FOR DEFAULT The City of Weatherford reserves the right to terminate the contract without prior notice in the event the Contractor defaults or breaches any of the terms and conditions of this contract, or otherwise fails to perform in accordance with the bid specifications. In the event of termination the City reserves the right to complete the work or services in any manner it deems desirable, including engaging the services of other parties therefore and/or awarding the bid to the next lowest responsible bidder. Any such act by the City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy, the cost to City of the performance of the balance of the work or services is in excess of that part of the contract sum, which has not therefore been paid to the Contractor hereunder, Contractor shall be liable for and shall reimburse the City for such excess. 6

8 PLEASE DIRECT ALL TECHNICAL QUESTIONS PRIOR TO SUBMITTING YOUR SEALED BID TO: MANNY PALACIOS JR., DIRECTOR OF TRANSPORTATION & PUBLIC WORKS, Requests for additional information should be directed in writing to Manny Palacios Jr., Director of Transportation and Public Works Department at or Deadline for questions shall be September 12, 2016, by noon CST. A non-mandatory pre bid meeting will be held September 6, 2016 at 2:00 PM located at the Public Works Building 802 E. Oak Street, Weatherford, Texas,

9 Can You Comply? SPECIFICATIONS YES NO 1. All work shall be done in accordance with City of Weatherford technical details and specifications and NCTCOG Public Works Construction as produced by the North Central Texas Council of Governments. 2. All work shall be done in accordance with City Concrete Standard Details and Asphalt Repair Details as produced by the City of Weatherford 3. The contractor shall provide all equipment, tools, labor, material and services necessary to repair/replace asphalt pavement repairs. This shall include, but not be limited to, the following: A. Coordination with all affected utilities B. Saw-cutting bridge C. Removal and disposal of existing and temporary asphalt pavement and debris D. Furnishing and placing asphaltic material per City specifications E. Back filling as needed, especially on edges of roadway and behind curb F. Final clean-up including sweeping, removal and disposal of any excavated material and construction debris G. Repair and replace any asphalt or concrete damage while working on repair area 4. The contractor shall provide all equipment, tools, labor, material and services necessary to repair/replace or construct the concrete sidewalks, curbs, driveways, pads, ADA ramps, etc. This shall include, but not be limited to, the following: A. Coordination with all affected utilities B. Saw-cutting break out lines C. Removal and disposal of old concrete, temporary asphalt, debris, etc. D. Furnishing and placing new concrete and reinforcing steel E. Back filling as needed F. Final dress-up including removal and disposal of any excavated material and construction debris and sod replacement G. Repair and replace any asphalt or concrete damaged or removed while repairing or constructing concrete items as specified above. 5. Repairs shall be completed within 2 working days unless a different timeline is negotiated with City staff for the respective project. 6. If the timeline above cannot be met for a project, the contractor will be subject to liquidated damages. 7. Provide traffic control per MUTCD standards and specifications. 8. Contract allows for minor job specific feature adjustments (e.g. addition of drainage pipe, drainage structures, etc.). Contractor agrees to offer the City a fair and reasonable price for these feature adjustments. 9. The successful bidder shall be required to execute a short form construction contract attached below and shall be required to provide the insurance as outlined therein. No changes to the attached contract will be allowed. By submitting a bid for this annual "as demanded" repair projects, the contractor is acknowledging the insurance requirements found in the attached Contract, and the bidder is asserting that, if awarded this contract, he can comply with all insurance requirements as specified therein within the award of the contract. 8

10 BID FORM BID ITEM DESCRIPTION UNIT ESTIMATED ANNUAL QUANTITY UNIT PRICE TOTAL AMOUNT 1 Asphalt repairs under 120 SF including Mobilization and demobilization for bid items #2 and #3 per permit location. EA " Asphalt pavement repair per attached detail and specifications more than 120 SF but less than 2,500 SF per permit location SF 1, " Asphalt pavement repair per attached detail and specifications over 2,500 SF per permit location SF 1,000 4 Asphalt repairs under 120 SF including Mobilization and demobilization for bid items #5 and #6 per permit location. EA " Asphalt pavement repair with 8" cement treated base per attached detail and specifications more than 120 SF but less than 2,500 SF per permit location SF 15, " Asphalt pavement repair with 8" cement treated base per attached detail and specifications over 2,500 SF per permit location SF 5,000 7 Concrete repairs under 1 Cubic Yard including mobilization and demobilization for bid items 8 thru 10 per permit location. EA " concrete sidewalk per attached detail and specifications per permit location SF " curb & gutter per attached detail and specifications per permit location LF 300 6" full depth concrete repair with 8 cement treated base per attached detail 10 and specifications per permit location. 10% unit price increase for every additional inch of concrete depth SF 200 TOTAL Low bidder will be based on the lowest bid based on the estimated quantities. Estimated quantities do not represent any guarantee by the City of actual minimum or maximum number of projects to be completed under this contract. 9

11 EXCEPTIONS TAKEN BY BIDDER 10

12 BIDDER INFORMATION SHEET Company Name Physical Address Mailing Address City, State, Zip Phone Number Fax Number Address Tax Identification Number Signature of Authorized Agent Printed Name of Authorized Agent Title Date 11

13 CREDIT CHECK AUTHORIZATION The City is required to determine whether a bidder who may be awarded a contract is financially responsible. The City may run a credit check on the potential contractor before award of the contract. Please complete the following information and submit with your bid. Company Name: Street Address: Mailing Address: Tax Identification Number: I hereby authorize the City of Weatherford or credit bureau or other investigative agency employed by the City of Weatherford to investigate my credit history and financial responsibility. Authorized signature: Title: Date: 12

14 DISCLOSUE OF INTERESTED PARTIES Contracting hereunder may require compliance with Texas Government Code/Disclosure of Interested Parties for contracts that (1) require an action or vote by the City Council before the contract may be signed; or (2) has a value of at least $1 million. The law provides that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity or state agency. For purposes of this section, the following definitions apply: Interested party means a person who has a controlling interest in a business entity with whom the City contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker intermediary, advisor, or attorney for the business entity. "Controlling interest" means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;(2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Intermediary, means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: 1. Receives compensation from the business entity for the person's participation; 2. Communicates directly with the City on behalf of the business entity regarding the contract; and 3. Is not an employee of the business entity? The process as implemented by the Texas Ethics Commission ( TEC ) is as follows: 1. The Contractor must receive a contract number from the City of Weatherford before sending the Form 1295 to the Texas Ethics Commission. 2. The disclosure of interested parties must be performed using the Texas Ethics Commission s electronic filing application listing each interested party of which the business entity is aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and printing a copy of it to submit to the City. 3. The copy of Form 1295 submitted to the City must be notarized and contain the unique certification number from the TEC. The form must be filed with the City pursuant to Texas Government Code, at the time the business entity submits the signed contract to the City. The City, in turn, will submit a copy of the disclosure form to the TEC not later than the 30th day after the date the City receives the disclosure of interested parties from the business entity. THIS FORM ONLY NEEDS TO BE DONE IF YOU ARE AWARDED THE CONTRACT. 13

15 CITY OF WEATHERFORD CONSTRUCTION CONTRACT (Short Form) THE STATE OF TEXAS Project: Annual Concrete and Asphalt Repair COUNTY OF PARKER DATE: I. PARTIES THIS CONTRACT, made by and between the City of Weatherford, Texas, a Municipal Corporation of Parker County, Texas (hereinafter called CITY) acting through its duly authorized agent, Sharon Hayes, City Manager, and, (hereinafter called CONTRACTOR). II. DESCRIPTION OF WORK CONTRACTOR shall, at his own expense, furnish all materials, supplies, machinery, equipment, tools, superintendent, labor, insurance, and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the attached bid (Exhibit A ) and other documents herein. III. TIME OF THE ESSENCE/WORK ORDER The CONTRACTOR hereby agrees to commence work under this Contract on a date to be specified in a written Notice to Proceed of the CITY and to fully complete all work within days. This is of the essence of this Contract. Any request for extension of this period must be made in writing by the CONTRACTOR and will only be granted for good cause in the City s sole discretion by a properly authorized change order. IV. PAYMENT; LIQUIDATED DAMAGES The CITY agrees to pay the CONTRACTOR a sum not to exceed $ for contract work satisfactorily and timely completed in accordance with the accepted Bid, upon final acceptance of the contract work. Payment will be made within 30 days of such final acceptance in accordance with State law. The parties agree that the City may assess, and deduct from sums due the CONTRACTOR, liquidated damages of Two Hundred Forty Dollars ($240.00) for each day past the scheduled completion date when the CONTRACTOR is in default and requires additional tie to substantially complete the work to the satisfaction of the CITY. This sum is not a penalty but is an agreed, reasonable amount in lieu of actual damages, which are too impractical and difficult to ascertain at the present time. However, should the CONTRACTOR reject the CITY s determination of liquidated damages or institute legal action under the Contract, this paragraph shall not be construed so as to prevent the Owner from seeking full recovery for the cost of repairing or replacing defective work; the cost of completing the project; the diminution in value of Owner s property caused by defective or non-conforming work; the cost of extended supervision of the project by Owner; and Owner s administrative expenses caused by delay, (all of which are not to be considered in the assessment of liquidated damages). In addition to all liquidated damages due. V. ENTIRE CONTACT; CHANGE ORDERS This Contract represents the entire agreement between the parties. No oral statement of any person shall modify or otherwise change or affect the terms, conditions, or specifications stated in the Contract, unless a written change order is signed by the CONTRACTOR and the appropriate representative of the CITY. 14

16 VI. NET PRICES If during the life of the contract, the CONTRACTOR s, net prices to other customers for items are reduced below the prices contained herein, it is agreed that the benefits of such reduction shall be extended to the CITY. VII. CONFLICT OF INTEREST No public official shall have interest in this contract, in accordance with State law. CONTRACTOR certifies that he has not and shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official, or agent of the CITY. VIII. WAGES CONTRACTOR shall pay or cause to be paid, without cost or expense to the CITY, all Social Security, Unemployment, and Federal Income Withholding taxes of all employees and that all employees shall be paid wages and benefits as required by federal and state law. XI. TERMINATION OF CONTRACT The CITY reserves the right to terminate its obligations under the Contract should no public funds be appropriated during the following fiscal year for the purpose of meeting expenditures called for in the Contract, as required by state law. The CITY reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of the CITY in the event of breach or default of the Contract. The CITY reserves the right to terminate the contract immediately in the event that the CONTRACTOR fails to meet schedules, defaults in any payments, or fails to otherwise perform in accordance with the specifications or obligations called for in this contract. CONTRACTOR agrees that the CITY shall not be liable for damages in the event that the CITY declares the CONTRACTOR in default. X. NO LIENS IT IS HEREBY MUTUALLY AGREED by and between the parties hereto that no mechanic, contractor, subcontractor, material man or other person can or will contract for, or in any other manner have or acquire any lien upon the building or works covered by the Contract, or the land upon which the same is situated. XI. VENUE; CHOICE OF LAW The parties agree that venue for any legal proceeding shall be Parker County, Texas. In any such proceeding brought to enforce the terms of this Contract, the City shall be entitled to attorney s fees, expert witness fees and consultant s in the event the City prevails in said proceeding. This contract shall be interpreted under the law of the State of Texas. XII. INDEMNITY IT IS AGREED FOR ALL PURPOSES HEREUNDER, THE CONTRACTOR IS AND SHALL BE AN INDEPENDENT CONTRACTOR AND SHALL NOT, WITH RESPECT TO THEIR ACTS OR OMISSIONS BE DEEMED AN AGENT OR EMPLOYEE OF CITY. THE CONTRACTOR AGREES TO INDEMNIFY AND HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST LIABILITY FOR ANY ALL CLAIMS, LIENS, SUITS, DEMANDS, AND/OR ACTIONS FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGE (INCLUDING LOSS OF USE), AND EXPENSES, INCLUDING COURT COSTS, 15

17 ATTORNEY FEES, EXPERT WITNESS FEES AND CONSULTANT S FEES OR COSTS ARISING OUT OF OR RESULTING FROM CONTRACTOR S WORK AND/OR ACTIVITIES CONDUCTED IN CONNECTION WITH OR INCIDENTAL TO THIS CONTRACT AND FROM ANY LIABILITY ARISING OUT OF OR RESULTING FROM THE INTENTIONAL ACTS OR NEGLIGENCE, INCLUDING ALL SUCH CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW, OR BASED IN WHOLE OR IN PART UPON THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS. CONTRACTOR SHALL PROCURE CONTRACTUAL LIABILITY INSURANCE COVERING ITS OBLIGATIONS IN THIS PARAGRAPH. CONTRACTOR FURTHER AGREES THAT IT SHALL AT ALL TIMES EXERCISE REASONABLE PRECAUTIONS ON BEHALF OF, AND BE SOLELY RESPONSIBLE FOR, THE SAFETY OF ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES AND OTHER PERSONS, AS WELL AS THEIR PROPERTY, WHILE IN THE VICINITY WHERE THE IMPROVEMENTS ARE BEING MADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT CITY SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE NEGLIGENCE OF CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS. FURTHER, CITY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR HARM, INJURY, OR ANY DAMAGING EVENTS WHICH ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO PREMISE DEFECTS, REAL OR ALLEGED, IN IMPROVEMENTS CONSTRUCTED BY CONTRACTOR WHICH MAY NOW EXIST OR WHICH MAY HEREAFTER ARISE UPON THE PREMISES, RESPONSIBILITY FOR ANY AND ALL SUCH DEFECTS BEING EXPRESSLY ASSUMED BY CONTRACTOR. CONTRACTOR UNDERSTANDS AND AGREES THAT THIS INDEMNITY PROVISION SHALL APPLY TO ANY AND ALL CLAIMS, SUITS, DEMANDS, AND/OR ACTIONS BASED UPON OR ARISING FROM ANY SUCH PREMISE DEFECTS OR CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY SUCH CLAIM ASSERTED BY OR ON BEHALF OF CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS. IT IS FURTHER AGREED WITH RESPECT TO THE ABOVE INDEMNITY, THAT CITY AND CONTRACTOR WILL PROVIDE THE OTHER PROMPT AND TIMELY NOTICE OF ANY EVENT COVERED WHICH IN ANY WAY, DIRECTLY OR INDIRECTLY, CONTINGENTLY OR OTHERWISE, AFFECTS OR MIGHT AFFECT THE CONTRACTOR OR CITY, AND CITY SHALL HAVE THE RIGHT TO COMPROMISE AND DEFEND THE SAME TO THE EXTENT OF ITS OWN INTERESTS. THE INDEMNITY HERE SHALL SURVIVE THE TERMINATION OF THE CONTRACT FOR ANY REASON AND SHALL SURVIVE THE COMPLETION OF THE WORK ON THE PROJECT. 16

18 XIII. INSURANCE A. AMOUNTS OF INSURANCE CONTRACTOR agrees to provide and to maintain the following types and amounts of insurance, for the term of this Contract: TYPE AMOUNT 1. Workers Compensation (See Exhibit B ) Statutory Employer s Liability $1,000,000 per occurrence 2. Commercial (Public) Liability, Including but not limited to: a. Premises/Operations Combined Single Limit for b. Independent Contractors Bodily Injury and Property c. Personal Injury Damage d. Products/Completed Operations e. Contractual Liability $1,000,000 per occurrence (Insuring above indemnity Provisions) or And Where the Exposure Exists: $1,000,000 per person, $1,000,000 per occurrence f. Coverage for Explosion, Collapse for bodily injury/death, and Underground Property Damage $1,000,000 per occurrence for property damage 3. Comprehensive Automobile Liability to include coverage for: a. Owned/Leased Automobiles Combined Single Limit for b. Non-owned Automobiles Bodily Injury and Property c. Hired Cars Damage: $1,000,000 per occurrence B. OTHER INSURANCE REQUIREMENTS CONTRACTOR understands that it is its sole responsibility to provide the required Certificates and that failure to timely comply with the requirements of this article shall be a cause for termination of this Contract. Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies shall be subject to examination and approval by the City Attorney s Office for their adequacy as to form, content, form of protection, and providing company. Insurance required by this Contract for the CITY as additional insured shall be primary insurance and not contributing with any other insurance available to CITY, under any third liability policy. CONTRACTOR further agrees that with respect to the above required liability insurances, the CITY shall: 17

19 1. Be named as an additional insured. 2. Be provided with a waiver of subrogation, in favor of the CITY. 3. Be provided with 30 days advance written notice of cancellation, nonrenewal or reduction in coverage (all endeavor to and similar language of reservation stricken form cancellation section of certificate). 4. Prior to execution of this Agreement, be provided through the office of the City Secretary with either their original Certificate of Insurance or their insurance policy evidencing the above requirements. 5. Owner shall be included as an additional insured under the commercial general liability policy of Contractor using ISO additional insured endorsement CG , or a substitute providing equivalent coverage. 6. Insurance is to be placed with insurers with a best rating of no less than A: VII. Also, the company must be duly authorized to transact business in the State of Texas. The insurance requirements set out in this section are independent from all other obligations of Contractor under this contract and apply whether or not required by any other provision of this contract. XIV. SUBCONTRACTORS CONTRACTOR agrees to pay each subcontractor its appropriate share within 10 days of receipt of payment form the CITY for the work performed by the subcontractor. CONTRACTOR further certifies that each subcontractor used for this project carries the required amount of workers compensation coverage under state law and promises to indemnify CITY for any damages resulting from lack of such coverage. XV. OVERCHARGES CONTRACTOR hereby assigns to CITY any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United Sates, 15 U.S.C.A. Sec. 1 et seq. XVI. NOTICE Any notice provided by this Contract or required by law to be given by the parties shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in the City of Weatherford, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the other party at the address so provided; provided this shall not prevent the giving of actual notice in any other manner. The Contractor s address for purposes of notice provided by this Contract is: 18

20 XVII. CONTRACT ADMINISTRATOR This Contract shall be administered on the CITY S behalf by, and all notices, questions, or documentation, arising under this Contract shall be addressed to the contract administrator at: XVIII. EXECUTION OF AGREEMENT The execution of this Contract shall proceed as follows: signature of the CONTRACTOR (and the Corporate Secretary and seal, if applicable) shall be affixed hereto, whereupon the Contract shall be submitted to the City Attorney s Office for reviewing and approval. After such approval, the Contract shall then be signed by the City Manager. An executed original of this Contract shall be kept on file in the City Secretary s Office. THE CITY OF WEATHERFORD, TEXAS CONTRACTOR Sharon Hayes, City Manager ATTEST: By: ATTEST: Malinda Nowell City Secretary APPROVED AS TO FORM: City Attorney 19

21 STATE OF TEXAS COUNTY OF PARKER This instrument was acknowledged before me on the day of, 20, by Sharon Hayes, City Manager of the City of Weatherford, Texas. Notary Public, State of Texas 20

22 SINGLE ACKNOWLEDGEMENT STATE OF COUNTY OF This instrument was acknowledged before me on the day of, 20, by. Notary Public, State of CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF This instrument was acknowledged before me on the day of, 20, by of, a Texas corporation, on behalf of such corporation. Notary Public, State of 21

23 EXHIBIT B Texas Workers Compensation Commission Figure 1:28 TAC (c) (7) Article. Workers Compensation Insurance Coverage. A. Definitions: Certificate of Coverage ( certificate ) A copy of a certificate of insurance, a certificate of authority to selfinsure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, or TWCC-84), showing statutory workers compensation insurance coverage for the person s or entity s employees providing services on a project, for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the contractor s/person s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( subcontractor in ) includes all persons or entities performing all or part of the services the contactor has undertaken to perform on the project, regardless of whether that person contract directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owneroperators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. Services include, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation or other service related to a project. Services does not include activities related to a project, such as food/beverage vendors, office supply deliveries and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section (44) for all employees of the contractor providing service 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 with the coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contactor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 22

24 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 text, form and manner prescribed by the Texas Workers Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section (44) for all its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contacts, and provide to the contractor: (a) (b) a certificate of coverage, prior to the other person beginning work on the project; and a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten says after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing the 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 whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contactor s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 23