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HomeMy WebLinkAboutContract 26304 CIS'' Sedkv . FILE SPECIFICATIONS CtlA ization AND CONTRAC D!,N CONTRACT DOCUMENTS Date CON tJCW*�; '"' FOR CLIENT PA""!err PAVEMENT REHABILITATION, GRADING AND DRAINAGE IMPROVEMENTS AT CITY SECRETARY 3 ALLIANCE AIRPORT CONTRACT NO. FOR THE CITY OF FORT WORTH, TEXAS Project Number File Number: M-817 D.O.E. Number 3122 KENNETH BARR, MAYOR BOB TERRELL, CITY MANAGER LISA A. PYLES, AIRPORT SYSTEMS DIRECTOR A. DOUGLAS RADEMAKER, P.E., ENGINEERING DIRECTOR PREPARED BY: CC Carter =- Burgess ' JOSE SOTO CARTER & BURGESS, INC. �S�GNAL � ENGINEERS-PLANNERS-SURVEYORS �ooaoe 3880 HULEN STREET FORT WORTH, TEXAS 76107 CSB NO. 010437.01n City of Fort Worth, Texas 4volyor And council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 **C-18296 30ALLIANCE 1 of 2 SUBJECT CONTRACT WITH J.B. TALLEY & COMPANY, INC. FOR PAVEMENT REHABILITATION, GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with J.B. Talley & Company, Inc. in the amount of$205,281.45 for pavement rehabilitation, grading and drainage improvements at Alliance Airport. DISCUSSION: On August 1, 2000 (M&C G-12970), the City Council authorized the Aviation Department to advertise for the construction of improvements for necessary airfield rehabilitation (pavement rehabilitation, safety area improvements and runway guard lights) at Alliance Airport. This work was authorized subject to the availability and acceptance of a Federal Aviation Administration funding grant in the amount of $323,938.00. Existing land credits that remain from the original land donation for Alliance Airport in the amount of$35,993.00 will be utilized for the City's ten-percent in-kind local match requirement. An additional $57,005.00 will be used for runway guard lights and sign improvements, which is to be explained in a separate Mayor and Council Communication. The two contracts for work under this grant total $262,286.45. The remaining $61,651.55 will be used for contingencies and change orders for both contracts. Alliance Airport Services will be responsible for the administration and inspection of the construction contract. All invoices will be reviewed by the Engineering Department for payment by the Aviation Department. The project was advertised for bid on July 20 and 27, 2000. On August 17, 2000, the following bids were received: BIDDERS AMOUNT J.B. Talley & Company. Inc. $205.281.88 BC&L Pavement Services, Inc. $307,688.88 Nunn Constructors, Inc. $242,480.80 Ed A. Wilson, Inc. $476,244.45 This project is located in COUNCIL DISTRICT 2. The low bidder, J.B. Talley & Company, Inc. is in compliance with the City's M/WBE Ordinance by committing to 17% M/WBE participation. The City's goal on this project is 17%. City of Fort Worth, Texas "rayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 **C-18296 1 30ALLIANCE 2 of 2 SUBJECT CONTRACT WITH J.B. TALLEY & COMPANY, INC. FOR PAVEMENT REHABILITATION, GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation, funds will be available in the current operating budget, as appropriated, of the Grants Fund. MG:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: A.Douglas Rademaker 6157 (from) 0 C T 17 2000 GR76 539120 055218658010 $205,281.45 /t"` Additional Information Contact: t_1G City Secretary of the City of Fort Worth,re=w A.Douglas Rademaker 6157 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 TO THE PLANS AND SPECIFICATIONS AND CONTRACT DOCUMENTS FOR — PAVEMENT REHABILITATION,GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCF,AIRPORT D.O.E.NO.3122 BID RECEIPT DATE: AUGUST 17, 2000 ADDENDUM ISSUE DATE: AUGUST 10, 2000 The following modifications,clarifications,additions or deletions shall be made to the appropriate sections of the Contract Documents: A. Changes To Specifications: 1. ITEM P-627 COAL-TAR SEALER/REJUVENATOR,delete item in its entirety and replace with attached SS-P-627 COAL-TAR SEALER/REJUVENATOR. B. Changes To Drawings: 1. Drawing sheet C-2, SUMMARY OF QUANTITIES,delete sheet in its entirety and replace with sheet C-2, SUMMARY OF QUANTITIES,REVISION 1 2. Drawing sheet C-6,PHASING PLAN,delete sheet in its entirety and replace with sheet C-6, PHASING PLAN,REVISION 1. Please acknowledge receipt of this addendum by placing a signed copy of the same into your proposal at the time of bidding. Failure to return a signed copy of the addendum with this proposal shall be grounds for rendering in the bid non-responsive. RECEIPT ACKNOWLEDGED: A.Dougl Rademaker,P.E.,D' ctor .ck Trice,P.E.,Manager oeel��� '*' onsultant Services Addendum No. 1 —Page 1 01043701.ad1.doc SS-P-627 COAL-TAR SEALER/REJUVENATOR DESCRIPTION _ 627-1.1 This item shall conform to FAA Engineering Brief 44 and shall consist of a coal-tar sealer/rejuvenator applied on a previously prepared bituminous surface, in accordance with these specifications,for the areas shown on the plans or as designated by the ENGINEER. The purpose of this sealer is to provide a fuel resistant surface and to rejuvenate the asphalt binder. MATERIALS 627-2.1 BITUMINOUS MATERIALS. The bituminous material shall be composed of coal-tar oils and coal-tar prepared from a high temperature,coal-tar pitch conforming to the requirements of ASTM D 490, Grade 12. The material shall meet the requirements of Table 1. TABLE 1. PROPERTY REQUIREMENTS Test Property Test Method Requirements Specific Gravity ASTM D 70 1.04 min. 25 cc @ 25'C Viscosity Engler ASTM D 1665 8.0 max. 50 cc @ 50'C Water, %by volume ASTM D 95 2.0 max Distillation ASTM D 20 _ %by weight to 170 20 max 270 20-50 300 60 max. Softening Point C R&B ASTM D 36 65 max. Residue above 300°C CONSTRUCTION METHODS 627-3.1 WEATHER LIMITATIONS. Coal-tar sealer shall be applied only when the existing surface is dry and the pavement surface temperature is above 50 degrees F. 627-3.2 EQUIPMENT. The Contractor shall furnish all equipment,tools and machines necessary for the performance of the work. Alliance Pavement Rehabilitation, SS-P-627 Coal-Tar Sealer/Rejuvenator Grading and Drainage Improvements -t- C&D No.010437 a. Pressure Distributor. The distributor shall be designed, equipped, maintained, and operated so that coal-tar sealer at even heat may be applied uniformly on variable widths of pavement at the specified rate. b. Power Broom. A power broom and/or blower shall be provided for removing loose material from the pavement surface. 627-3.3 CLEANING EXISTING SURFACE. Prior to placing the sealer, the surface of the pavement shall be clean and free from dust,dirt,or other loose foreign matter and cracks prepared as specified in Item P-605,Joint Sealing Filler. When directed by the ENGINEER,the surface shall be cleaned with a power broom. The Contractor shall apply an approved herbicide to any visible �. vegetative growth five(5)days prior to application of the rejuvenator product. 627-3.4 TEST SECTION. Prior to full production the Contractor shall place a series of one-square yard test sections at the rate of 0.05,0.06,and 0.075 gallons per square yard. The area to be tested will be designated by the ENGINEER and will be located on the existing pavement. The ENGINEER will examine the test sections 24 hours after placement and advise the Contractor of the application rate for the remainder of the project. A test section will be required for each different type of pavement surface. 627-3.5 APPLICATION OF SEALER/REJUVENATOR. The coal-tar sealer shall be uniformly applied with a bituminous distributor at the rate determined in paragraph 3.4. The application rate shall not be varied without the approval of the ENGINEER. The application temperature shall be between 60 and 120 degrees F. +.. Following the application, the surface shall be allowed to cure without being disturbed until the sealer has dried out. This period shall be determined by the ENGINEER. Suitable precautions shall be taken by the Contractor during this period,including the application of any sand necessary to blot �- up excess material. 627-3.6 BITUMINOUS MATERIAL CONTRACTOR'S RESPONSIBILITY. Samples of bituminous materials that the contractor proposes to use,together with a statement as to their source, must be submitted and approved before using the material. The contractor shall furnish the manufacturer's certification that each consignment of coal-tar sealer shipped to the project meets the requirements of the specifications. The manufacturer's certification shall not be interpreted as a basis for final acceptance. Any certification received shall be subject to verification by testing random samples received for use. 627-3.7 FREIGHT AND WEIGH BILLS. The Contractor shall furnish the ENGINEER receipted bills when railroad shipments are made,and certified weigh bills when materials are received in any other manner,of the coal-tar sealer used in the construction covered by the contract. The Contractor shall not remove material from the tank car storage tank until the initial outage and temperature measurements have been taken by the ENGINEER, nor shall the car or tank be released until the final outage has been taken by the ENGINEER. Alliance Pavement Rehabilitation, SS-P-627 Coal-Tar Sealer/Rejuvenator Grading and Drainage Improvements -2- C&B No.010437 y SAMPLING AND TESTING 6274.1 TESTING. Tests conducted to extract the bituminous binder shall be in accordance with ASTM D 2172 and asphalt recovery in accordance with ASTM D 1856. Viscosity of the bituminous material shall be measured in accordance with ASTM D 2170 or D 2171,as applicable,and shall be conducted at 140 degrees F. (60 degrees C.) unless otherwise specified. The change in viscosity shall be determined for each application rate of rejuvenator in the test section from the tests conducted on samples taken before and samples taken after the pavement has been rejuvenated. Sampling and testing shall be the responsibility of the Contractor. -. 6274.2 CALIBRATION TEST. The Contractor shall furnish all equipment,materials and labor necessary to calibrate the bituminous distributor. Calibration shall be made with approved job material and prior to applying the rejuvenator to the prepared surface. Calibration of the bituminous distributor shall be in accordance with ASTM D 2995. METHOD OF MEASUREMENT 627-5.1 The coal-tar sealer shall be measured by the square yard. BASIS OF PAYMENT 627-6.1 Payment shall be made at the contract unit price per square yard for the seal coat. Payment will be made under: SS-P-627-1 Seal Coat--per square yard. TESTING REQUIREMENTS ASTM D 20 Distillation of Road Tars ASTM D 36 Softening Point of Bitumen ASTM D 70 Specific Gravity of Semi-Solid Bituminous Materials. ASTM D 95 Water in Petroleum Products and Bituminous Materials by Distillation. ASTM D 1665 Engler Specific Viscosity of Tar Products. MATERIAL REQUIREMENTS ASTM D 1856 Test Method for Recovery of Asphalt from Solution by the Abson Method Alliance Pavement Rehabilitation, SS-P-627 Coal-Tar Sealer/Rejuvenator Grading and Drainage Improvements -3- C&B No.010437 ASTM D 2170 Test Method for Kinematic Viscosity of Asphalts(Bitumen) ASTM D 2171 Test Method for Viscosity of Asphalts by Capillary _ Viscometer ASTM D 2172 Quantitative Extractions of Bitumen from Bituminous Paving Mixtures ASTM D 2995 Practice for Determining Application Rate of Bituminous Distributors END OF SECTION Alliance Pavement Rehabilitation, SS-P-627 Coal-Tar Sealer/Rejuvenator Grading and Drainage Improvements -4- C&B No.010437 4 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO.2 TO THE PLANS AND SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PAVIEMuw REHABILITATION,GRADING AN])DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT D.O.E.NO.3122 BID RECEIPT DATE: AUGUST I7,2000 ADDENDUM ISSUE DATE: AUGUST 14,2000 The following modifications,clarifications,additions or deletions shah be made to the appropriate sections of the Contract Documents: A. Changes To Specifications: 1. ITEM P-605,JOINT SEALING FILLER,add the following paragraph: 605-3.3 EDGE OF SHOULDER REPAIR. Edge of shoulder repair shall consist of removing all in-grown vegetation acid thoroughly cleaning the pavement as specified in lteru SS-P-627, Coal-Tar Sealer/Rejuvenator. The sealer/rejuvenator. shall be applied to 2-inches beyond the edge of pavement as specified in Item SS-P-627, Coal- Tar Sealer/Rejuvenator. Cracks in the pavement shall then be filled with sealant as specified above_ 2. ITEM P-605,JOINT SEALING FILLER,Paragraph 6054.1, add the following: No separate measurement shall be made for the repair of cracks in the outer 18-inch edge of shoulder. Repair of cracks in the outer I8-inch edge of shoulder shall be included in the"Edge of Shoulder"pay item. 3. ITEM P-605,JOINT SEALING FILLER, add the following paragraph: 605-4.2 The"edge of shoulder"repair shall be measured by the linear foot of the outer 18-inches of pavement. 4- ITEM P-605,JOINT SEALING FILLER, Paragraph 6055.1,add the following: No separate payment shall be made for the repair of cracks in the outer 18-inch edge ,- of shoulder. Payment for crack repair in the outer I8-inch edge of shoulder shall he included in the Edge of Shoulder pay item. Forbidding purposes, assuir_e the repair of two moderate cracks per linear foot of"Edge of Shoulder". Aw 01043701.uu.doc Addendum No. 2 -Page 1 5. ITEM P-605,JOYNT SEALING FILLER, add the following paragraph: 605-5.2 Payment for"edge of shoulder"repair shall be made at the contract unit price per linear foot of outer 18-inch shoulder edge.. The price shall be full compensation for furnishing all materials, for all preparation, delivering,and placing of these materials, and for all labor, equipment,tools,and incidentals necessary to complete the iter. Payment for the cleaning of this 18-inch wide area of pavement and the application of the sealer/rejuvenator shall be paid under Item SS-P-625, Coal- Tar Sealer/Rejuvcnator. B. Changes to Drawings: 1. Drawing sheet C-14, DRAINAGE DETAILS,delete sheet in its entirety. 2. Drawing sheet C-15,DRAINAGE DETAU S,delete sheet bi its entirety. 1� Please acknowledge receipt of this addendum by placing a signed copy of the same into your proposal at the time of bidding. liailurc to return a signed copy of the addendum with this proposal shall be groamds for renderi rig in the bid non-responsive. RECEIPT ACKNOWLEDGED: A. Douglas.Rademaker, P.E.,Director By: r By: h� ck Tric , P.E,, Manager Y Consultant Services 010477a1.ad2Aw Addendum No.2--Page 2 �8i7 735 6 ! B6 N.Ri6R & BURGESS US1I415 ,45 F . uul/'uus Carter =e Burgess FAX TRANSMITTAL PROJECT: Alliance Airport- Pavement PROJECT NO.: 010437 Rehabilitation, Grading and Drainage Improvements TO: Pavement Maintenance Unlimited (Set#24) FAX: 228-452.4606 FAX: FAX: FROM: Joe Soto DATE: 8/14100 C&B Telephone Number: 817-735-6208 C&B FAX Number: 817-735-6186 REMARKS: Total number of pages transmitted, including this page: 3 Bid O_,gpipg will take olace on August 17, 2000. Carter&Burgess, Inc. Alliance Airport Pavement Rehabilitation, Grading and Drainage Improvements Al Project No. 3-48-0296-1100 INDEX OF CONTRACT DOCUMENTS AND SPECIFICATIONS NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS DISADVANTAGED BUSINESS ENTERPRISE POLICY WORK RATES PROPOSAL CONTRACT BONDS AND CERTIFICATES PART I - SPECIAL PROVISIONS PART II - WAGE, LABOR, EEO AND SAFETY REQUIREMENTS PART III - GENERAL PROVISIONS PART IV- TECHNICAL SPECIFICATIONS NOTICE TO BIDDERS Sealed proposals for the following: PAVEMENT REHABILITATION, GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT FOR: PROJECT NUMBER D.O.E. NO. 3122 FILE NO. M-217 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the City of Fort Worth until 1:30 P.M., August 17. 2000, and then open and read aloud at 2:00 P.M. Contract Documents including Plans and Specifications for this project may be obtained at the office of the Transportation and Public works Department of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. A deposit of fifty dollars ($50.00) is required for the first set of documents and all additional sets may be purchased at the non-refundable price of fifty dollars ($50.00) per set. No pre-bid conference will be held for this project. Bidders are encouraged to submit the required D.B.E. documentation with their bid. However, it is not a mandatory requirement. For additional information contact Gopal Sahu, P.E. at(817)871-7949 or Jose Soto, P.E. at (817) • 735-6108. By: Rick Trice, P.E. Manager of Consultant Services ADVERTISEMENT DATES: July 20. 2000 _July 27. 2000 01043701.00A NB-1 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: PAVEMENT REHABILITATION, GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT FOR: PROJECT NUMBER D.O.E. NO. 3122 FILE NO. M-217 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the City of Fort Worth until 1:30 P.M., August 17, 2000, and then publicly open and read aloud at 2:00 P.M. Contract Documents, including Plans and Specifications for this project, may be obtained at the office of the Transportation and Public works Department of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. A deposit of fifty dollars ($50.00) is required for the first set of documents and additional sets may be purchased at the non-refundable basis for fifty dollars ($50.00) per set. All bidders will be required to comply with provision 5159a of"Vernon's Civil Statutes" of the State of Texas with respect to payment of prevailing wage rates and City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in Accordance with Paragraph 1 of the Special Instructions to Bidders. In general, the work consists of the following: Pavement rehabilitation and grading and drainage improvements in accordance with the plans and technical specifications. Work will include crack repair and application of a surface treatment to the shoulders of Runway 16U34R, Taxiway A, Taxiway H and blast pad areas. Work will also include application of a surface treatment to the shoulders of Runway 16R/34L. In addition,the work will include regrading of the area surrounding the glide slope antenna. The City reserves the right to reject any and/or all Bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of forty-nine (49)days from the date bids are opened. The award of contract, if made, will be within forty-nine (49) days after the opening of bids, 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 ti receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do no acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding that status of addenda may be obtained by contacting the Department of Engineering IL (817) 871-7910. No pre-bid conference will be held for this project. 01 043701.00a NB-2 s Bidders are encouraged to submit the required DBE documentation with their bid. However, it is not a mandatory requirement. The Bidder(Proposer) must supply all the information required by the instructions to Bidders and the bid must be submitted on a form which substantially complies with the form provided by the City of Fort Worth. The successful bidder will be required to furnish a Performance Bond and Payment Bond, each in the full amount of the contract price, executed by a surety company or surety companies authorized to execute surety bonds under and in accordance with the laws of the State of Texas. All bidders and proposers shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, regulations of the Office of the Secretary of Transportation, to subcontract 17 percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBEs). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttable presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian-Pacific Americans and Asian-Indian Americans. The apparent successful bidder(proposer) will be required to submit information concerning the DBE's that will participate in this contract. The information will include the name and address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract). If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. For additional information, contact Gopal Sahu, P.E. at (817) 871-7949 or Jose Soto, P.E. at(817) 735-6208. BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY Department of Engineering A. Dou demaker, Direct By: / Rick Trice, P.E. Manager, Engineering Services Advertisement Dates: July 20, 2000 July 27, 2000 Fort Worth, Texas 01043701.00A NB-3 Notice to Bidders Buy American - Steel and Manufactured Products for Construction Contracts (January 1991) I. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: A. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (II)(A) or (B)shall be treated as domestic. B. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. C. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. II. The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, Subcontractors, Materialmen, and Suppliers in the performance of this contract, except those - A. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonable available quantities and of a satisfactory quality; B. that the U.S. Department of Transportation has determined under the Aviation P p Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or C. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. 01043701.00A NB-4 Alliance Airport Pavement Rehabilitation, Grading and Drainage Improvements AIP Project No. 3-48-0296-1100 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1. Proposals for the construction of airport improvements at Alliance Airport will be received at the City of Fort Worth. Proposals shall be completed in ink or typewritten upon the blank form of the proposal. Proposals shall be enclosed in a sealed envelope, endorsed and addressed as follows: Mr. Bob Terrell, City Manager City of Fort Worth Municipal Building 1000 Throckmorton Street Fort Worth, Texas 76102 RE: Pavement Rehabilitation, Grading and Drainage Improvements at Alliance Airport Proposals that are electronically transmitted will not be accepted. 2. Receipt of all addenda issued shall be acknowledged by the Bidder in the space provided on the proposal form. Each addendum received shall be enclosed with the Proposal. 3. For the purpose of clarification, it is understood that the work to be done is being financed in part by means of a grant from the United States of America acting through the Federal Aviation Administration. The Federal Aviation Administration will therefore require approval by their representatives of all contracts, attachments and similar documents, all partial and final payment estimates, all change orders and supplemental agreements. 4. The Bidder shall refer to Section 20 of the General Provisions, Proposal Requirements and Conditions for instructions on preparation of the Proposal. 5. All lump sum and unit prices shall be stated in both script and figures. 6. Previous Contracts. Section 60-1.7(b)of the Regulations of the Secretary of Labor requires each bidder or prospective prime contractor and proposed subcontractor,where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract subject to the Equal Opportunity Clause; and if so, whether it has filed with the Joint Reporting Committee, the Director, and agency or the former President's Committee on Equal Employment Opportunity all reports due under the applicable filing requirements. In any case in which a bidder or prospective prime contractor or proposed subcontractor which participated in a previous contract subject to Executive Order 10925, 11114,or 11246 has not filed a report due under the applicable filing documents, no contract or subcontract shall be awarded unless such contractor submits a report covering the delinquent period or such other period specified by the FAA or the Director, OFCCP. I The Bidder must complete the statement about Previous Contracts included in the Proposal. 7. The Statement of Materials and Other Charges in the Proposal will be completed by the Contractor upon award of the Contract only if the Contractor desires a tax exemption certificate. 01043701.00A IB-1 8. The Buy American Certificate must be completed by the Bidder and submitted with the Proposal. 9. This project is subject to the requirements of 49 CFR part 26 concerning the participation of disadvantaged business enterprises, and subject to Executive Order 11246 of September 24, 1965. As such, successful bidders are required to complete the DBE Utilization form and the DBE letter(s)of intent included in these documents. 10. The bidder shall sign the Trade Restriction Clause included in these documents. 11. The bidder shall sign the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. 12. 41 CFR Section 60-1.8 states that a Certification of Non-Segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The Certification of Nonsegregated Facilities included in these specifications must be completed by the Bidder and submitted with the Proposal. 13. The successful bidder entering into a contract for the work will be required to give the City of Fort Worth surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City of Fort Worth. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Statutes of Texas, as amended. In order for a surety to be acceptable to the City of Fort Worth, the name of the surety shall be include on the current U.S. Treasury list (Circular 570) of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. No sureties will be acceptable by the City of Fort Worth which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City of Fort Worth. Should any surety on the contract be determined unsatisfactory at any time by the City of Fort Worth, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City of Fort Worth. 14. It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine the site of all ambient conditions which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be 01043701.00A IB-2 removed in order that proper consideration may be given to these details during the preparation of the Proposal and any unusual conditions which may give rise to later contingencies that might be brought to the attention of the Owner prior to the time of the submission of the Proposal. 15. Any questions arising during the advertising period as to meaning or intent of the specifications will be answered by an addendum prepared by the Engineer. Addenda will be provided to those prospective Bidders who have placed a deposit and who have been furnished with bidding documents and plans. All addenda issued shall become a part of the contract documents. 16. Contractor's Liability Insurance Requirements. The bidder shall provide with the Proposal a listing of both automobile and personal liability insurance coverage currently in force, along with a copy of a Certificate of Insurance as verification of that coverage. See Part I -Special Provisions for additional information. 01043701.00A 113-3 City of Fort Worth Disadvantage Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the DBE goal is applicable. If the total dollar value of the contract is less than$25,000,the DBE goal is not applicable. POLICY STATEMENT The City of Fort Worth has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Fort Worth has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the City of Fort Worth has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Fort Worth to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT- assisted contracts. It is also our policy:To ensure nondiscrimination in the award and administration of DOT-assisted contracts;To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT-assisted contracts; and To assist the development of firms that can compete successfully in the market place outside the DBE Program. All requirements and regulations stated in the City's current Disadvantage Business Enterprise program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is 17 %of the base bid value of the contract. COMPLIANCE TO BiD SPECIFICATIONS ._ On.City contracts of$25,000 or more, bidders are required to comply with the intent of the City's DBE Program by either of the following: 1. Meet or exceed the above stated DBE goal,or; 2. Good Faith Effort documentation,or; 3. Waiver documentation. 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. DBE Utilization Form, if goal is received by 5:00 p.m.,five(5)City business days after the met or exceeded bid opening date,exclusive of the bid opening date. 2. Good Faith Effort Form and DBE received by 5:00 p.m.,five(5) City business days after the Utilization Form, if participation is bid opening date,exclusive of the bid opening date. less than stated goal 3. Good Faith Effort Form if no DBE received by 5:00 p.m.,five(5)City business days after the participation bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions,please contact the DBE Office at(817)871-6104. 07/14/00 w ATTACHMENT 1A Page 1 of 2 City of Fort Worth Disadvantage Business Enterprise Specifications a DBE UTILIZATIQk IINEERIN6/6 FW J_/9. oZIE14 a 4• '0Qfif4-7 RM 7 PRIME i 1- AM /� �� A p 3--4/tf_o 6 _/1,OZ9 PROJECT NAME PROJECT NUMBER .s; 44'AJ E �E Eti � CITY'S DBE PROJECT GOAL: % DBE PERCENTAGE ACH EVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five(5) City business days after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications.. The undersigned bidder agrees to enter into a formal agreement with the DBE firms for work listed in this 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 specifications. r Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. T"IM001- Scope of Work(') Supplied(*) L N � L�k'Q�� lc� ,l1 N i gag ,�, a r,e l�aN,L� 33 7y3 LA AC i : is o - 3 - OSO = o SE,E'DS �I, y9s.4 Foe Gc�o2 6A /. a M DBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. (") Specify all area In which DBE's are to be utilized and/or items to be supplied: (`) A compldts Bating of Items to be supplied Is required In order to receive credit toward the DBE goal. Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,I.e.,a direct payment from the prime contractor to a subcontractor Is considered 1'I tier,a payment by a subcontractor to Its supplier is considered 21 tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 City of Fort Worth P 117 Disadvantage Business Enterprise Spedifibfifibbg 619 F W DBE UTILIZATION '00 AUG 18 An 1145 Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(*) Supplied(*)00 ,�•-- V F > V r F- i x The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding PRactual work performed by all subcontractors, including DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the 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 creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not Tess than one(1)year. ALL DBEs MUST BE CERTIFIED BY THE CITY BEFORE CO TRACT AWARD Authorized Signature Printed Signature Title Contact Name and Title K different) '-7"A A 4" - Company Name Telephone Number(s) Address / Fax Number .oet; City/State/Zip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department Texas Decision No.TX96-45 WAGE RATE The wage rates are hereinafter listed are those predetermined by the Secretary of Labor to be the minimum wages to be paid laborers and mechanics on this project. Fringe Index No. Per Hour Benefits Craft 100 7.55 Air Tool Operator 103 Asphalt Heater Operator 106 8.57 Asphalt Raker 109 826 Asphalt Shoveler 112 9.37 Batching Plant Weigher 115 8.92 Batterboard Setter 118 9.45 Carpenter 124 9.35 Concrete Finisher(Paving) 130 9.06 Concrete Finisher(Structures) 136 7.73 Concrete Rubber 139 12.76 Electrician 150 5.60 Flagger 151 8.72 Form Builder(Structures) 157 8.91 Form Liner(Paving &Curb) 160 8.69 Form Setter(Paving& Curb) 166 8.43 Form Setter(Structures) 172 6.40 Laborer,Common 175 7.46 Laborer,Utility 184 11.00 Manhole Builder 187 10.66 Mechanic 193 8.70 Oiler 194 8.10 Servicer 196 10.91 Painter(Structures) 202 7.50 Piledriver 205 8.51 Pipelayer 214 11.33 Blaster Power Eauioment Ooerators: 300 8.40 Asphalt Distributor 303 9.05 Asphalt Paving Machine +� 305 7.91 Broom or Sweeper Operator 306 8.70 Bulldozer 150 HP& Less 309 9.16 Bulldozer over 150 HP 315 8.21 Concrete Paving Curing Machine 318 9.45 Concrete Paving Finishing Machine 321 8.50 Concrete Paving Form Grader 327 9.04 Concrete Paving Joint Machine 329 735 Concrete Paving.Joint Sealer 330 7.88 Concrete Paving Float 333 9.29 Concrete Paving Saw 1-3 TX96-45 3-96 336 9.75 Concrete Pavinu Spreadrr 339 9.00 Paving Sub-grader 341 9.00 Slipiorm Machine Operator 342 Crane, Clamshell. Backhoe,Derrick, 9.51 Dra:line. Shovel (less than 1-12 CY) 347 Crane.Clamshell. Backhoe, Derrick- 10.52 er rick,l0.52 Dr agline, Shovel (1-112 CY &Over) 351 9.50 Crusher or Screening Plant Operator 354 Eievatine Grader 357 12.00 Form Loader 360 10.00 Foundation Drill Operator(Crawler Mounted) 363 11.14 Foundation Drill Operator(Truck Mounted) 369 8.82 Front End Loader(2-12 CY & less) 3 72 931 Front End Loader(Over 2-1,1 CY) 375 8.92 Hoist(Double Drum & Less) 380 6.65 Milling Machine Operator 381 9.00 Mixer(Over 16 CF) 3847.91 Mixer(]6 CF&Less) 387 9.50 Mixer(Concrete Paving) 390 1035 Motor Grader Operator,Fine Grade ' 393 9.89 Motor Grader Operator 396 6.40 Pavement Marking Machine 397 Planer Operator 399 Pump Crete 402 834 Roller Steel Wheel (Plant-Mix Pavements) 405 7.96 Roller, Steel Wheel (Other-Flat Wheel or Tamping) 408 7.40 Roller, Pneumatic(Self-Propelled) 411 8.14 Scrapers(17 CY&Less) 413 8.21 Scrapers(Over 17 CY) 417 Self-Propelled Hammer 419 7.79 Side Boom 422 8.45 Tractor(Crawler Type) 150 HP& Less 425 8.87 Tractor(Crawler Type)Over 150 HP 428 7.74 Tractor(Pneumatic) 80 HP& Less 431 7.74 Tractor(Pneumatic)Over 80 HP 434 7.62 Traveling Mixer 437 8.19 Trenching Machine, Light 440 12.50 Trenching Machine, Heavy 443 Wagon-Drill,Boring Macine or 9.00 Post Hole Driller Operator 500 922) Reinforcing Steel Setter(Paving) 503 11.55 Reinforcing Steel Setter(Structures) 509 12.86 3.44 Steel Worker(Structural) 513 11.44 Sign Erector 515 6.99 Spreader Box Operator 520 6.40 Barricade Servicer(Zone Work) 522 6.40 Mounted Sign Installer(Permanent Ground) 2-3 TX96-45 A� 3-96 Truck Drivers: 600 7.47 Single Axle, Light 603 8.07 Single Axle. Heavy 606 7.83 Tandem Axle or Semitrailer 609 9.65 Lowboy-Float 613 7.51 Transit-Mix 615 8.30 Winch 700 7.00 Vibrator Operator 706 10.46 Welder Annrentice Schedule Period and Rate* Interval Power Equipment Operators:1000 Hrs 1st 2nd 3rd 4th 5th 6th 7th 8th Heavy Duty Mechanic " " 70 72-12 75 77-12 80 85 90 95 Boom Equipment " " 70 75 80 85 90 95 Motor Grader " " 70 75 80 85 90 95 Tractor& Scrapers, Pneumatic and Crawler " " 70 75 80 85 90 95 *The apprentice rate is by percentage of the journeyman's rate. This is a "Public Works" Project, as defined in House Bill No.54 of the 43rd Legislature of the State of Texas and House Bill No.115 of the 44th Leeislature of the State of Texas,and as such is subject to the provisions of said House Bills. This contract is subject to the Work Hours Act of 1962,PL-87-581 and implementing regulations. No provisions herein are intended to be in conflict with the above acts. Any laborer,workman or mechanic employed on this project shall be paid at the rate of one and one half(1-12)times the regular rate for every hour worked in excess of forty (40)hours per week. Legal holiday work shall be paid for at the regular governing per diem wase rates. THE FOLLOWING LISTED COUNTIES ARE 1N THE TX9645 AREA: COLLIN GRAYSON ROCKWALL Ie - DALLAS JOHNSON TARRANT DEN'TON KAUFMAN WICHITA ELLIS PARKER 3-3 TX96-45 3-96 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8303-'.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers' compensation insur ce cove age for all of its employees employed on City of Fort Worth Project Number Py 1 CONTRACTOR By. TITLE DATE STATE OF TEXAS S COUNTY OF TARRANT S BEFORE ME, the undersigned authority, on this day personally appeared /,()Anzf B- .look is &* 0 J—r. , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that be executed the same as the act and deed of Jam'• 13, 2:4:�LW Co . 1n c , for the purposes and c nsideration therein expressed and'in the capacity therein stated. GIVE UNDER MY HAND AND SEAL OF OFFICE this /7� day of LOIS O. THREATT Notary Public in and for MOm'pdit the State of Texas (&I STATE OF TEXASlr Com.6m.IWO!l/ t PROPOSAL-20 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 bidden (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 would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out of state or nonresident bidders in order for your bid to meet specifications. The failure of out of state or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. � A. Nonresident vendors in Z A (give state), our principal place of business, are required to be — oO percent lower than resident bidders by state law. A copy of the statue is attached. Nonresident vendors in X /J (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: By.11 �. (please print) Signature: i v, t-4 [..4i• ., Title: 4�,&;A&� City State Zip -70jre;�- Phone: !k - THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL PROPOSAL-21 PROPOSAL TO: Mr. Bob Terrell, City Manager City of Fort Worth FOR: Pavement Rehabilitation, Grading and Drainage Improvements at Alliance Airport Al Project No. 3-48-0296-1100 BY: Name of Bidder �u Address,-.Z03 �,,t-"u9 �i1D,QkF_ Telephone ;V- -2— 33�'39y 97S/ Hereinafter called Bidder, a corporation or bus ine s or and existing under the laws of the State of Texas doing business as /�'E.�J�,C ,vf,�,/ v,P Gentlemen: Pursuant to the foregoing Instructions to Bidders,the undersigned bidder having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all the conditions surrounding the construction of the project hereby proposes to fumish all necessary superintendence, labor, machinery, equipment, tools, materials and supplies to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Owner and Engineer, and binds himself on acceptance of this proposal by the Owner to execute a contract and furnish performance and payment bonds approved by the City of Fort Worth, Texas for performing and completing the said work within the time set forth and at the prices stated below, to wit: PAY I APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION A - PAVEMENT REHABILITATION TAXIWAY A 1. 575 L.F. Major Crack Repair, complete in place for the sum of ` Dollars & 122wzi SES .J Cents per Linear Foot .3 isa 2 7s 01043701.00A P-1 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 2. 13,950 L.F. Moderate Crack Repair, complete in place for the sum of -D Dollars & So Cents per Linear Foot $ 3. 4,325 L.F. Minor Crack Repair, complete in place for the sum of O Dollars & Cents per Linear Foot $ $ 4t1.2�" 4. 2,800 L.F. Concrete to Asphalt Joint Repair, complete in place for the sum of - O - Dollars & oa Cents per Linear Foot $ .5� $/ira 5. 18,700 L.F. Edge of Shoulder Repair, complete in place for the sum of Dollars & S® F'vE Cents per Linear Foot $ $ 6. 73,875 S.Y. Coal far Rejuvenator, complete in place for the sum of Dollars & Cents per Square Yardl$ � is 3 7,67to TOTAL - TAXIWAY Al $ �i8 — �/ ♦. oZ ��. 7s ps n DD ,i 01043701.00A P-2 t PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID RUNWAY 16U34R 7. 1,900 L.F. Major Crack Repair, complete in place for the sum of o - Dollars & Cents per Linear Foot $ . 37 $ 70,3✓0 0 8. 17,175 L.F. Moderate Crack Repair, complete in place for the sum of - d— Dollars & Cents per Linear Foot $ 9. 5,275 L.F. Minor Crack Repair, complete in place for the sum of D Dollars & AJ Cents per Linear Foot $ , 317 $/ 9,57,- 10. 2,970 L.F. Concrete to Asphalt Joint Repair, complete in place for the sum of Dollars & Si Cents per Linear Foot $ 11. 19,800 L.F. Edge o Shoulder Repair, complete in place for the sum of 'fl Dollars & %LiCents per Linear Foot • 4-5" /.? 8700 01043701.00A P-3 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 12. 82,625 S.Y. Coal Tar Rejuvenator, complete in place for the sum of - D - Dollars & rif- axioi5 Cents per Square Yard $ . S/ $ 38•*7-5 TOTAL -RUNWAY 16U34R $ TAXIWAY H 13. 5,275 L.F. Moderate Crack Repair, complete in place for the sum of Dollars & Cents per Linear Foot $ $3 ,7-5 14. 4,950 L.F. Minor Crack Repair, complete in place for the sum of O ' Dollars & so i® AEU Cents per Linear Foot $ ,3 7 15. 818 L.F. Concrete to Asphalt Joint Repair, complete in place for the sum of O Dollars & #rte Cents per Linear Foot $ . (o S $ ,S3/.170 16. 5,450 L.F. Edge of Shoulder Repair, complete in place for the sum of Dollars & Cents per Linear Foot,$ /v 1$3 Sys 01043701.00A P-4 —i PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 17. 20,550 S.Y. Coal Tar Rejuvenator, complete in place for the sum of Dollars & / s 6i�T 4ui5 Cents per Square Yard,$ TOTAL - TAXIWAY H $ RUNWAY 16RI34L 18. 75,800 S.Y. Coal Tar Rejuvenator, complete in place for the sum of O - Dollars & Cents per Square Yard $ TOTAL- RUNWAY 16R/34L $ TOTAL SECTION A - PAVEMENT REHABILITATION $ /9,2 O y/. yi PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION B - GRADING AND DRAINAGE IMPROVEMENTS 19. 5,900 S.Y. Clearing and Grubbing, complete in place for the sum of OAyL—'- Dollars & T Cents per Square Yard $ /, $ 4F9� 20. 125 C.Y. Unclassified Excavation, complete in place for the sum of Dollars & p ov p ' Cents per Cubic Yard oz8. / QpD 01043701.00A P-5 PAY APPROXIMATE I DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 21. 190 C.Y. Fill, complete in place for the sum of SEd,F�fEE� Dollars & Al O Cents per Cubic Yard $ /7 E-0 22. 2 EA Remove S.E.T. and Plug 18" RCP for the sum of Dollars & S® o0 %F Cents per Each $ 23. 2,300 S.Y. Seeding, complete in place for the sum of O — Dollars & S�, �'✓� Cents per Square Yard,$ TOTAL SECTION B - GRADING AND DRAINAGE IMPROVEMENTS1 $/ g!p Section A- Pavement Rehabilitation: $ oa Section B - Grading and Drainage Improvements: $ vs- TOTAL: TOTAL: $ ,2OS, 01043701.00A P-6 The Bidder shall write out each bid total in words on the lines provided below. Total Bid /!-�O�ica?�,sA ✓EThrJ�c.�.aalD �oN��b�D �i,�T-�piy� 1- �b In case of discrepancy the amount shown in words shall govern. STATEMENT OF MATERIALS AND OTHER CHARGES op MATERIAL INCORPORATED INTO THE PROJECT: $ IJO� ALL OTHER CHARGES: $ /o9" *TOTAL: $ A AO.S;• v���• 'This total must agree with the total figure shown in the Proposal for the Total Bid. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for here in will be no less than the invoice price for such material to the Contractor. Complete the following statements by checking the appropriate space. The Bidder(Proposer) has v'' has not participated in a previous contract subject to the Equal Opportunity Clause prescribed by Executive Order 109225,or Executive Order 11114, or Executive Order 11246. The Bidder (Proposer) has / has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the Bidder(Proposer) has participated in a previous contract subject to the Equal Opportunity Clause and has not submitted compliance reports due under applicable filing requirements,the Bidder (Proposer) shall submit a compliance report on Standard form 100 "Employee Information Report EEO - 1" prior to the award of this contract. Standard form 100 is normally furnished to contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the Joint Reporting Committee, 1800 G Street, Washington, DC, 20506. The Bidder assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency is either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited of the terms of City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project within calendar days. Bidder further agrees to pay liquidated damages in the sum of$500 for each consecutive calendar day to complete the work beyond the allotted time or as extended by an approved Change Order. 01043701.00A P-7 F The Bidder also agrees to pay not less than the"Prevailing Wage Rates for Highway Construction" as _ established by the City of Fort Worth and not less than the wage rates stated in General Wage Decision No. TX 930045 And not less than the wage rates stated in General Wage Decision No. TX 930046 Issued by the U. S. Department of Labor. !► The Bidder understands that the Owner reserves the right to reject any and all bids and to waive any informalities in the bidding. The Bidder agrees this bid shall be good and may not be withdrawn for a period of 30 days after the scheduled closing time for receiving bids. Within ten (10) days of receipt of the written "Notice of Award", the bidder will execute the formal contract agreement and deliver a surety bond or bonds as required under the contract docu►��?ts. The bid security oattached in the sum of_fE� r-{xya .e�Jp 7WB �Q.QEQ l��;yy�u�-1 sibs ($_ P ) is to become the property of The City of Fort Worth in the event .he contract is not executed as set forth in the contract documents as liquidated damages for the delay and additional expense caused thereby. Respectfully Submitted, a f By: ��� ^� )!9 L J o 4e Ss,e.J S,Q (Type or print name) Title: Address: or —29,5271 Date: 40v Receipt is hereby acknowledged of the following addenda: Addendum No. 1 ',L /v'�ao Addendum No. _�`—=- Addendum No. 3 Addendum No. 4 Addendum No. 5 01043701.00A P-8 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: PAVEMENT REHABILITATION,GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT PROJECT NUMBER: PE40-0552001 IS TO CERTIFY THAT: J.B.TALLEY&COMPANY,INC. is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury. Automobile Liability Ea.Person: $ Ea.Occurrence: $ Property Damage: Ea.Occurrence:$ Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. Agency Fort Worth Agent By Address Title ACORDn, CERTIFICATE OF LIABILITY INSURANCE 10/10/2 0 PRODUCER (228)864-1550 FAX (228)868-3457 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sawyer - Foster Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 14110 Airport Rd, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Drawer AA Gulfport, MS 39502 INSURERS AFFORDING COVERAGE INSURED 7 B Talley & Co Inc INSURER A: Northern Insurance Co. of New York South Louisiana Contracting & INSURER B: Valiant Insurance Co Pavement Maintenance Unlimited, LLC INSURER C: Westport Insurance Corporation P.O. Box 26 INSURER D: LA Work Comp Corp St., Martinville, LA 70582 INSURER E: 6,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. SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CON58461287 01/01/2000 01/01/2001 EACH OCCURRENCE $ 11000,00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 300,0 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 10,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT--]'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 PRO POLICY X JECT LOC AUTOMOBILE LIABILITY CON58461246 01/01/2000 01/01/2001 COMBINED SINGLE LIMIT X ANY AUTO (En aociderM : 1,000,000 ALL OWNED AUTOS BODILY INJURY S B SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (P-axkde" PROPERTY DAMAGE S (Per accidoM GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY PRBO10558 01/01/2000 01/01/2001 EACH OCCURRENCE $ 20,000,000 —X]OCCUR D CLAIMS MADE AGGREGATE $ 20,000,00 �C S DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND 72537(LOUISIANA) 01/01/2000 01/01/2001 X TOLIMITS ER EMPLOYERS'LIABILITY D EL.EACH ACCIDENT $ 1,000,00 E.L.DISEASE-EA EMPLOYE S 1 OOO O E.L.DISEASE-POLICY LIMIT S 1,000.00 OTHR 1KUB28OH864800 06/01/2000 01/01/2001 EACH ACCIDENT $1,000,000 D s Compensation then States DISEAS-POLICY LIMIT $1,000,000 then DISEASE-EA EMPLOYEE $1,000,000 D€SCRIPTION OF QPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIA4 PI;OVISIONS lability includes Blanket Waiver of Subrogation and Additional Insured where required by contract. ork Comp includes Waiver where required by contract and includes all states except ME, NV, NO, OH, WA, r, and WY. E: Pavement Rehabilitation, Grading and Drainage Improvements at Alliance Airport roject Number: PE40-0552001 ERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fort Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Th rochmorton Street O AN D PON THE COMP TS AGENTS O EPRESENTATIVES. Fort Worth, TX 76102-6311 AU OR RPIPPESE-ATATIV r 4CORD 26-S(7/97) ©ACORD CORPORATION 1888 LSI PERFORMANCE BOND Bond No. 00-237-109 ljr THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) J.B. TALLEY & COMPANY. INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3)National Union Fire Insurance* a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas,hereinafter called Owner, in the penal sum of: TWO HUNDRED FIVE THOUSAND TWO HUNDRED EIGHTY-ONE AND 45/100........ ($205,281.45)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for the payment of which sum well and truly be made,we hereby bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the� :1 is n1,pAp a copy of which is hereto attached and made a part hereof,for the construction of: TI LUUU PAVEMENT REHABILITATION, GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT designated as Project No. (s) PE40-0552001, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE if the Principal shall well 1 _ p , truly, and faithfully perform the work in accordance with the plans,specifications,and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. *National Union Fire Insurance Company of Pittsburgh, PA PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. 16 .� AND PROVIDED FURTHER,that the said Surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF,this instrument is executed in 8 counterparts each one of which shall be deemed an original,this the_of ,2000. ATTEST: OCT 1 2000 J.B.TALLEY& COMPANY,iNC. kCIPA(Principal)Secretary L(4) z - BY: /ZIZ e11/� .V i—� -'� .. — Title: (SEAL) PO BOX 26 ST. MARTINSVILLE,LA 70582 ress)) National i s om any of Witness as to Principalurety ttsburg , Address BY: ATTEST: (Attorney-in-fact) Foster iL (Surety)Secretary P.O. Drawer AA, Gulf or , MS 39507 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attomey-in-Fact.. Witness as to Surety _P.O. Drawer AA, Gulfport, MS 39502 (Address) The name and ad444 s o Umple, Resident Agent of Surety is: Don Cast, P.O. TX 76505 Countersignature: I i� � Tj American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office 70 Pine Street,New York,N.Y. 10270 No.47-13-35164 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Thomas W.Sawyer,Calvin E.Foster,Kathleen Morrison: of Gulfport,Mississippi--- its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. +�r IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents �O\00%-M N this 14th day of June,2000. r(nce W.Carlstrom,Senior Vice President National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK )ss. On this 14th day of June, 2000 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally NOWYL, known to be the individual and officer described herein, and Nm OMM368b, Y to oft New York acknowledged that he executed the foregoing instrument and affixed , the seals of said corporations thereto by authority of his office. 14 �� Go � !b0►t4,woes: CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." �. 1, Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of each corporation this day of Elizabeth M.Tuck, Secretary ti 65166(4199) PAYMENT BOND Bond No. 00-237-109 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) J.B. TALLEY & COMPANY, INC. a (2) Corporat-inn Of* Gem, hereinafter called Principal, and (3) National Union** , a corporation organized and existing under the laws of the State PA—and fully authorized to transact business in the State of Texas,as Surety, are held and firmly bound unto the City of Fort Worth,a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, funis, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of TWO HUNDRED FIVE THOUSAND TWO HUNDRED EIGHTY-ONE AND 45/100........ ($205,281.45)Dollars in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas, for the payment of which sum will and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly to these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner,dated the�dav of A.D. , 2000, a copy of which is hereto attached and made a part thereof,for the consideration of-: OCT 17 2000 PAVEMENT REHABILITATION GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT designated as Project No. (s) PE40-0552001,a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Chapter 2253, Texas Government Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. F10 * St. Martin Parish ** National Union Fire Insurance Company of Pittsburgh, PA THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract,as claimants are defined in said Chapter 2253, and all such claimants shall have a direct right of action under the bond as provided in Chapter 2253, Texas Government Code. PROVIDED FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County, Texas, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work to the specifications. ' PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. 4 - IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shell i-e deemed an original,this the_day of A.D.,2000. OCT 17 2000 J.B.TALLEY &COMPANY.INC. ATTEST: A PRINCI L " BY: Title: (Principal)Secretary PO BOX 26 ST. MARTINSVILLE, LA 70582 (SEAL) (Address) Nationaln- F om Witness as to Principal ure is urg PA BY: (Attorney-in- a vin E. Foster i` Address P.O. Drawer AA, Gulfport, MS 39502 ATTEST: (Address) (Surety)Secretary (Address) (SEAL) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. %nes ourt The name and addres of the Resident Agent of P.O. Drawer AA, Gulfport, MS 39502 Surety is: Don Cast, P.O. Box 45, Te le, TX 76505 Countersignature: American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh,Pa. lift Principal Bond Office 70 Pine Street,New York,N.Y. 10270 No.47-B-35164 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ,,. ---Thomas W.Sawyer,Calvin E. Foster,Kathleen Morrison: of Gulfport,Mississippi-- its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents this 14th day of June,2000. lin il, �' 'M..,p �rence W.Carlstrom,Senior Vice President National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 14th day of June, 2000 before me came the above named officer of American Home Assurance Company and National �G Union Fire Insurance Company of Pittsburgh, Pa., to me personally Notsea known to be the individual and officer described herein, and NM to of Newyork acknowledged that he executed the foregoing instrument and affixed a Courtly the seals of said corporations thereto by authority of his office. ��t71lOt CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: o "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; r. "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1.Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this day of Elizabeth M.Tuck,Secretary 65166(4/99) A (Address) MAINTENANCE BOND Bond No. 00--237-1109 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That(1)J.B. TALLEY & COMPANY, INC. as Principal, actin herein by and through (2)Warren Doussan, Jr. its duly authorized Vice President and (3) actin Union Fire Insurance*a corporation organized under the laws of the State of TEXAS,as 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, at Fort Worth, in Tarrant County, Texas the sum of TWO HUNDRED FIVE THOUSAND TWO HUNDRED EIGHTY-ONE AND 45/100........ ($205,281.45)in lawful money of the United States,for the payment of which sum well and truly be made unto said City of Fort Worth 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, hh OO WHEREAS,the Principal has entered into a certain contract with the City of Fort Worth, datedthe7 �ayy of 2000, the performance of the following described public work and the construction of the following described public improvements: PAVEMENT REHABILITATION, GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT all of same being referred to herein and in said contract as the Work and being designated as project PE40-0552001 and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof,the same as if set out verbatim herein;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 the period One (1) Year 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 One(1)Year;and, s 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 Water Department of the City of Fort Worth, it be necessary;and, WHEREAS,said Contractor binds itself,upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. *National Union Fire Insurance Company of Pittsburgh, PA rr aI 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 said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS,all parties covenant and agree that if any legal action be filed upon this bond,venue shall lie in _+ Tarrant County,Texas;and, IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be deemed an original,dated A 1 ( 491 [UIIU ATTEST: (Principal)Secretary (Seal) J.B.TALLEY&COMPANY.INC. PRINCIPAL(4) 4-4 BY: ljeie Title: "" PO BOX 26 ST. MARTINSVILLE LA 70582 (Address) 4, Witness as to Principal Nation U 'on F su ce o ny of S (Address) BY: ATTEST: (Attomey-in-fact �,in oster P.O. Drawer AA, Gulfport, MS X9502 (Address) (Surety)Secretary NOTE: Date of Bond must not be prior to date of Contract (SEAL) (1) Correct Name of Contractor (2) A Corporation,a partnership or an Individual,as case may be (3) Correct name of Surety a. (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. r Witness as to Surety P.O. Drawer AA, Gulfport, MS 39502 The name and addres of t e &esident Agent of Surety is: Don Cast, P.O. Box 45, m e, TX 76505 Countersignature: American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office 70 Pine Street,New York,N.Y. 10270 No.47-B-35164 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Thomas W.Sawyer,Calvin E.Foster,Kathleen Morrison: of Gulfport,Mississippi— its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents \ this 14th day of June,2000. rence W.Carlstrom, Senior Vice President ,E. National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK j COUNTY OF NEW YORK }ss. On this 14th day of June, 2000 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally NoWy known to be the individual and officer described herein, and N toa of of r�tF,Yorlt acknowledged that he executed the foregoing instrument and affixed o ' �0 Gounly the seals of said corporations thereto by authority of his office. t4,4, �lbD 2002 1fr CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; tar "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." 1.Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are we and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this day of <s • Elizabeth M.Tuck,Secretary 63166(4/99) 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 OUy1oi"ry 2000 A.D., 2000, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the I Ph 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, J.B. TALLEY & COMPANY,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: PAVEMENT REHABILITATION, GRADING AND DRAINAGE IMPROVEMENTS AT ALLIANCE AIRPORT 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten(10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 45 calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $500.00 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 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 L against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury,. damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or emplo ey es. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or emplo ey es.. 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, I execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(including/excluding) alternates n/a, shall be TWO HUNDRED FIVE THOUSAND TWO HUNDRED EIGHTY-ONE AND 45/100........Dollars,($205,281.45). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 8 counterparts with its corporate seal attached. OCT 17 2000 Done in Fort Worth,Texas,this the_day of ,A.D.,2000. RECOMMENDED: CITY OF FORT WORTH DY: DIRECTOR,DEPARTMENT OF CITY MANAGER ENGINEERING . APPROV t" 44440 TRANSPORTATION/PUBLIC WORKS DIRECTO ATTEST: J.B.TALLEY& COMPANY,INC. PO BOX 26 ST.MARTINSVILLE,LA 70582 CONTRACTOR , d • CITY SECRETARY (SEAL) BY: Contract Authorization Date TITLE APPROVED AS TO FORM AND LEGALITY: ADDRES ITY AfTORNEY November 1960 Revised May 1986- Revised September 1992 w CORPORATE RESOLUTION BE IT RESOLVED by the Board of Directors of J. B. TALLEY & CO., INC., a limited liability corporation organized and existing under the laws of the State of LOUISIANA, that WARREN DOUSSAN, is hereby authorized and empowered to execute any and all documents on behalf of J. B. TALLEY& CO., INC. with ALLIANCE AIRPORT of the City of Fort Worth, Texas. CERTIFICATE I, JEANIE D. MCNULTY, Secretary of J. B. Talley & Co., Inc., do hereby certify that the foregoing resolution is a true and exact copy unanimously adopted by the Board of Directors of said corporation at a meeting thereof legally held on the 15th day of SEPTEMBER, 2000 that said resolution is duly entered into the records of said corporation; that it has not been rescinded or modified; and that it is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said corporation this 15th day of SEPTEMBER, 2000. • �XS�G Jeanie OcNulty Secretary BUY AMERICAN CERTIFICATE (JAN 1991) By submitting a bid/proposal under this solicitation, except for those items listed by the Offer or below or on a separate and clearly identified attachment to this bid/proposal, the offer or certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products or Buy American - Steel and Manufactured products For Construction Contracts)and that components of unknown origin are considered to have been produced or manufactured outside the United States. Attached is a list of articles, materials, and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN BAC-1 List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) Cover glass, microscope slide Acetylene, black Cryolite, natural Agar, bulk Dammar gum Anise Diamonds, industrial, stones and Antimony, as metal or oxide abrasives Asbestos, amosite, chrysolite and Emetine, bulk crodidolite Ergot, crude Bananas Erthrityl tetranitrate Bauxite Fair linen, altar Beef, comed and canned Fibers of the following types: Beef extract abaca, abace, agave, coir, flax, Bephenium Hydroxynapthoate jute,jute burlaps, palmyra and sisal Bismuth Goat and kidskins Books, trade, text, Graphite, natural, crystalline technical, scientific; crucible grade newspapers; pamphlets; Handsewing needles magazines; periodicals; Hemp yam printed briefs and films; Hog bristles for brushes not printed in the United States Hyoscine, bulk and for which domestic editions Ipecac, root are not available Iodine, crude Brazil nuts, unroasted Kaurigum Cadmium, ores and flue dust Lac Calcium cyanamide Leather, sheepskin, hair type Capers Lavender oil Cashew nuts Manganese Castor beans and castor oil Menthol, natural bulk Chalk, English Mica Chestnuts Microprocessor chips (brought onto a Chicle construction site as separate units Chrome ore or chromite for incorporation into building Cinchone bark systems during construction or repair Cobalt, in cathodes, and alteration of real property) rondelles, or other primary Nickel, primary, in ingots, pigs, shots, ore and metal forms cathodes or similar forms; nickel oxide Cocoa beans and nickel salts Coconut and coconut meat, Nitroguanidine (also known as picrite) unsweetened, in shredded, Nux vomica, crude desiccated or similarly Oiticica oil prepared form Olive oil Coffee, raw or green bean Olives (green), pitted or unpitted, or stuffed, Colchicine alkaloid, raw in bulk Copra Opium, crude Cork, wood or bark and waste BAC-1 List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) CONTINUED Oranges, mandarin, canned Spices and herbs, bulk Petroleum, crude oil, unfinished oils, and Sugars, raw finished products (see definitions below) Swords and scabbards Pine needle oil Talc, block, steatite Platinum and related group metals, Tantalum refined, as sponge, powder, ingots, Tapioca flour and cassava or cast bars Tartar, crude; tartaric acid Pyrethrum flowers and cream of tartar in bulk Quartz crystals Tea in bulk Quebracho Thread, metallic (gold) Quinidine Thyme oil Quinine Tin in bars, blocks and pigs Rabbit fur felt Triprolidine hydrochloride Radium salts, source and Tungsten special nuclear materials Vanilla beans Rosettes Venom, cobra Rubber, crude and latex Wax, canauba Rutile Woods; logs, veneer, and lumber Santonin, crude of the following species: Alaskan Secretin yellow cedar, angelique, balsa, Shellac ekki, greenhart, lignum vitae, Silk, raw and unmanufactured mahogany and teak Spare and replacement parts for Yarn, 50 Denier rayon equipment of foreign manufacture, and for which domestic parts are not available List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) CONTINUED Petroleum terms are used as follows: "Crude Oil" means crude petroleum, as it is produced at the wellhead, and liquids (under atmospheric conditions) that have been recovered from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and that are not natural gas products. "Finished products" means any one or more of the following petroleum oils, or a mixture of combination of these oils, to be used without further processing except blending by mechanical means: BAC-2 (A) "Asphalt' - a solid or semi-solid cementitious material that (1) gradually liquefies when heated, (2) has bitumens as its predominating constituents, and (3) is obtained in refining crude oil. (B) "Fuel oil' - a liquid or liquefiable petroleum product burned or lighting or for the generation of heat or power and derived directly or indirectly from crude oils, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil or residues. (C) "Gasoline" - a refined petroleum distillate that, by its consumption, is suitable for use as a carburant in internal combustion engines. (D) "Jet fuel' - a refined petroleum distillate used to fuel jet propulsion engines. (E) "Liquified gases"-hydrocarbon gases recovered from natural gas or produced form petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures. (F) "Lubricating oil" - a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces. (G) "Naphtha" - a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes. (H) "Natural gas products" - liquids (under atmospheric conditions) including natural gasoline, that (1) are recovered by a process of absorption , adsorption, compression, refrigeration, cycling, or a combination of these processes, form mixtures oh hydrocarbons that existed in a vaporous phase in a reservoir, and (2) when recovered and without processing in a refinery, definitions of products contained in subdivisions (B), (C), and (G) above. (1) "Residual fuel oil' - a topped crude oil or viscous residuum that, as obtained in refining or after blending with other fuel oil, meets or is the equivalent of MILSPEC Mil- F-859 for Navy Special Fuel Oil and any more viscous fuel oil, such as No. 5 or Bunker C. "Unfinished oils" means one or more of the petroleum oils listed under"Finished products" above, or a mixture or combination of these oils, that are to be further processed other than by blending by mechanical means. BAC-3 TRADE RESTRICTION CLAUSE 49 CFR PART 30 The Contractor by submission of an offer and or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product or subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contact shall be awarded to a Contractor of Subcontractor who is unable to certify the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Owner cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Contractor may rely o the certification of a prospective Subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Owner if the Contractor learns that its certification or that of a Subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subcontractor agrees to provide written notice to the Contractor if at any time it learns that its certification has become erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance as placed when making the award. If it is later determined that the Contractor or Subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the forgoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. TRC-1 This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 1P By: Title: L Address: Date: •r. AAI TRC-2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION 49 CFR PART 29 The Bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. it further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. r By: Title: Address: Date: ff CERTIFICATION OF NONSEGREGATED FACILITIES 41 CFR 60-1.8 The Federally Assisted construction Contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction Contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certification in his files. By: Title: Address: Date: Alliance Airport Pavement Rehabilitation, Grading and Drainage Improvements AIP Project No. 3-48-0296-1100 PART I - SPECIAL PROVISIONS PART I SPECIAL PROVISIONS 1. General Scope. It is the intent that the work included in the contract shall include crack repair and surface treatment of runway and taxiway shoulders and grading and drainage pipe, complete and in place, as shown on the construction plans. 2. Amount of Liquidated Damages. The amount of liquidated damages determined in accordance with Section 80-08 "Failure to Complete On Time" shall be $500.00 per calendar day. 3. Warranty of Construction. In addition to any other warranties set out elsewhere in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect of equipment, material or design furnished, or workmanship performed by the Contractor or any of his Subcontractors or Suppliers at any tier. Such warranty shall continue for a period of one year from the date of final acceptance of the work, but with respect to any part of the work which warranty shall continue for a period of one year from the date City of Fort Worth takes possession. Under this warranty, the Contractor shall remedy at own expense any such failure to conform or any such defect. In addition, the Contractor shall remedy at his own expense any damage to City of Fort Worth owned or controlled real or personal property, when that damage is the result of the Contractor's failure to conform to contract requirements or any such defect of equipment, material, workmanship or design. The Contractor shall also restore any work damaged in fulfilling the terms of this clause. The Contractor's warranty with respect to work repaired or replaced hereunder will run for one year from the date of such repair or replacement. The City of Fort Worth shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect or damage. Should the Contractor fail to remedy any failure,defect or damage described in (a)above within reasonable time after receipt of notice thereof, the City of Fort Worth shall have the right to replace, repair or otherwise remedy such failure, defect, or damage at the Contractor's expense. In addition to the other rights and remedies provided by this clause, all subcontractors', manufacturers' and suppliers' warranties expressed or implied, respecting any work and materials shall, at the direction of the City of Fort Worth, be enforced by the Contractor for the benefit of the City of Fort Worth. In such case, if the Contractor's warranty under(a)above has expired, any suit directed by the City of Fort Worth to subcontractor's, manufacturer's or supplier's warranty shall be at the expense of the City of Fort Worth. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. If directed by the Engineer, the Contractor shall require any such warranties to be executed in writing to the City of Fort Worth. Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the City of Fort Worth for the repair of any damage which results from any such defect in the City of Fort Worth furnished material or design. in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work. The City of Fort Worth will give notice of observed defects with reasonable promptness. 4. Parking of Construction Equipment. At night and during all other periods of time when equipment is not being actively used on the construction work, the Contractor shall park the equipment at locations which are approved by the Engineer and/or as directed by the Airport Manager. The Contractor shall provide adequate barricades, markers and lights to protect the City of Fort Worth, Texas, Alliance Airport, the public and the other work. All barricades, lights and markers must meet the requirements of these specifications and must be approved by the Engineer. 5. Access Routes. Staging Areas and Storage Areas. The staging area will be as shown on the construction plans. All haul roads and access routes and the location of any additional staging areas and storage areas will be subject to the approval of the Engineer. The Contractor shall be responsible for maintaining and repairing all roads and other facilities used during construction. Upon completion of the project, all existing roads shall be left in a condition equal to that at the time the Contractor commences work on this project. 6. Water for Construction. Water for construction will be obtained from the City of Fort Worth. The Contractor shall provide a meter to measure water consumption and shall pay the City of Fort Worth for water consumed. 7. Coordination of Work. It shall be the responsibility of the Contractor to coordinate his work with any public or private utility engaged in the installation of new or adjustment of existing facilities on or adjacent to the project site. 8. Work Hours and Closure. Work hours will be as follows: Runway 16R/34L - 6:00 am - 7:00 pm, during daylight hours Taxiway A- 6:00 am -7:00 pm, during daylight hours Taxiway H -6:00 am - 7:00 pm, during daylight hours Runway 16U34R - 6:00 am -2:00 pm 9. Airfield Operations. The Contractor shall acquaint himself with the operation rules of the airfield, and shall take all necessary precautions to assure the safe operation of the field at all times. The Contractor shall be required to adhere to the guidelines in AC 150-5370-2C on Operational Safety on Airports During Construction, and FAA Order 5200.5A on Safety During FAA Funded Airport Construction and FAA Facilities Maintenance. Personnel, equipment, tool and materials shall not hinder the safe operation of the field. The Contractor's access and haul routes shall be approved by the Engineer prior to use. It shall be a requirement for the Contractor to cause as little disruption as possible to aircraft and other ground vehicles in the vicinity of the work and to the operational runways and taxiways. Coordination with the Airport Manager and the Engineer of all runway and taxiway, as well as apron/ramp access closures, shall be made by the Contractor at least three (3)days prior to any such closure. Runway closure markings will be required to be placed every day the Contractor works. See AC 150/5370-2C for this requirement. All marking guidelines, signing and safety 01043701.00A 1-2 requirements for the Airport Closure will be in accordance with AC 150/5370-2C and will be strictly enforced. It is extremely important the Contractor maintain all work areas in such a manner that it is assured that there will not be any flying objects or debris(FOD). FOD control is an ongoing part of this Project that must take high priority at all times. Any aircraft movement area that has dirt tracked from a construction area or contains any of the construction orjects or debris must be completely cleaned immediately. At various times during construction, if so directed by Airport Operational staff, Contractor shall take necessary actions to allieviate any potential FOD source. It shall be the responsibility of the Contractor to determine operational requirements in the work areas and to schedule and prosecute his work so as to comply with the above listed access requirements. Where necessary, the Contractor shall construct temporary crossings and detours as required to provide for the satisfactory and safe passage of aircraft to and from facilities in the work area. Prior to commencing any work on the contract, the Contractor shall submit for approval by the Engineer and the Airport Manager a schedule of construction operations as they relate to any restriction of aviation facilities during construction. During construction operations, the Contractor shall advise the Engineer each day of his proposed construction operations for the next day, and shall make any modifications to the schedule that the Engineer deems necessary for compliance with the specified aircraft access requirements. The Contractor shall not deviate from the construction schedule without prior approval of the Engineer. 10. Protection of Existing Utilities and Improvements. The Contractor shall take adequate measures to protect all existing structures, improvements and utilities which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth; they are shown on the plans as the best information available from the owners of the utilities involved and from evidences found on the ground. The Contractor shall determine the exact location of all existing utilities and conduct his work so as to prevent interruption of service or damage to them. The Contractor shall be responsible for the replacement of any utility damaged by him and shall likewise be responsible for losses to the utility owner due to any disruption to the service of the utility caused by the Contractor. 11. Sanitary Facilities. The Contractor shall provide suitable sanitary facilities for use of his employees and inspection personnel. Such facilities, temporary or permanent, shall meet local sanitary codes, and may not contribute untreated sewage to any dry or flowing watercourse. There will be no separate payment for this item. 12. Insurance Required. The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been so obtained and approved. All insurance policies must show the Owner as additional insured (General Liability, auto, etc.). a. Workers Compensation Insurance. The Contractor shall take out and maintain during the life of this contract Workmen's Compensation Insurance for all of his employees at the site of the project; and in case any work is sublet, the Contractor shall require the 01043701.00A 1-3 subcontractor similarly to provide Workmen's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. The minimum amounts of such insurance shall be as follows: (1) State- Statutory (2) Applicable Federal - Statutory (3) Employer's Liability-$500,000 b. Comprehensive General Liability and Property Damage Insurance. The Contractor shall take out and maintain during the life of this contract such Comprehensive General Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this contract, and including explosion, collapse and underground coverage, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Bodily Injury. (1) Each Occurrence -$1,000,000 (2) Annual Aggregate- $1,000,000 Property Damage Insurance. (1) Each Occurrence- $1,000,000 (2) Annual Aggregate-$1,000,000 Property damage liability insurance providing Explosion, Collapse and Underground coverages. c. Comprehensive Automobile Liability. Bodily Injury (1) Each Person - $500,000 (2) Each Accident- $1,000,000 Property Damage (1) Each Occurrence - $1,000,000 d. Contractual Liability. Bodily Injury 01043701.00A 1-4 I (1) Each Occurrence- $1,000,000 Property Damage (1) Annual Aggregate -$1,000,000 e. Such insurance will be subject to the following deductible amount: $250.00. The City of Fort Worth, Texas and Alliance Airport shall be named as additional insured parties for the project. The Contractor's general liability carrier shall issue a separate Protective Liability Policy covering Owner and Engineer providing coverage for not less than the amounts listed above. f. Proof of Carriage of Insurance. The Contractor shall furnish the Owner with satisfactory proof of carriage of the insurance required. All the certificates of insurance required to be purchased and maintained by the contractor will contain a provision or endorsement that the coverage will not be cancelled or materially changed or renewal refused until at least 30 days prior written notice has been given to the Owner by certified mail. 13. Award of Bids. The Owner may reject any or all bids. 14. Construction Time. The Owner 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 Owner. 15. Retainage on Partial Payments. For this contract, the Owner will deduct and retain Five (5) percent of the total amount of the partial payment until the final payment is made. 16. Final Acceptance and Payment. Final payment, including retainage, will be made upon acceptance of the completed project by the Owner. 17. The General Provisions are hereby replaced or amended as follows by General Provision paragraph designated: 10-27 Shall be modified as follows: MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 5 percent of the total amount of the award contract. All other items shall be considered minor contract items. 20-03 Contents of Proposal Forms. The following paragraph shall be added to this section: ADDENDA. Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt on the proposal form. Information regarding the status of addenda may be obtained by contacting Carter& Burgess, Inc. At(817)735-6208. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. 20-07 Preparation of Proposal. The following paragraph shall be added to this section: 01043701.00A 1-5 Bidders shall not separate, detach, or remove any portion, segment or sheets from the contract documents at any time. Failure to bid fully execute contract without retaining contract documents intact may be grounds for designating bids as"non-responsive"and rejecting bids or voiding contract as appropriate and as determined by City Engineer. 20-08 Irregular Proposals. The following paragraph shall be added to this section: AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 20-09 Bid Guarantee. The following paragraphs shall be added to this section: BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five (5) percent of the Total Base Bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10)days after the contract has been awarded. To be an acceptable surety on the bond, the name of the surety shall be included on the current U.S. Treasury list and the amount of the bond shall not exceed the amount shown on the U.S. Treasury list for that company. 30-02 Award of Contact. The following paragraphs shall be added to this section: The award of a contract, if it is to be awarded, shall be made within 45 calendar days of the date specified for publicly opened proposals, unless otherwise specified herein. The contract will be awarded to the lowest bidder on the Base Bid. The City reserves the right to reject any or all bids. FINANCIAL STATEMENT: A current certified financial statement may be required by Director of the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 30-05 Requirements of Contract Bonds. The following paragraphs shall be added to this section: PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the City, the name of the surety shall be included on the current U.S. Treasury list(Circular 570) of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on 01043701.00A 1-6