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Contract 26820
.� CITY SECRETARY CONTRACT NO. � 1HIS COSY FOR: .. MR SPECIFICATIONS CONTRACTOQ'S BONDING CO. CITY SECRETARY AND CRY WANA6fn OFFICE CONTRACT DOCUMENTS "'–'—ommNow' TIPW-FILE COPY FOR _.._.. MICRO-SURFACING 2001-5 AT VARIOUS LOCATIONS ;m IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GS93-020930511130 2001 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER HUGO A. MALANGA, P.E., DIRECTOR DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ENGINEERING COORDINATION EXHIBIT"A.. OF ,omoyQQ�� ' a � (OFFI Ipal "r�'J'���n UD �• SUSAN•L SCHWINGER.. . It�ISWr',llt�U .....................................•.L•.694.69l�,.•• aim ax S ' .r Zoo I City of Fort Worth, Texas "agor valid cou"Cit comm""icatio" DATE REFERENCE NUMBER LOG NAME PAGE 5/22/01 C-18602 20BALLOU 1 of 5 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO BALLOU CONSTRUCTION COMPANY, INC. FOR MICRO-SURFACING 2001-5 AT VARIOUS LOCATIONS RECOMMENDATION: .. It is recommended that the City Council: 1. Authorize the City Manager to transfer $193,000 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $56,000, and the Sewer Capital Project Fund in the amount of$137,000; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $56,000, and the Sewer Capital Project Fund in the amount of$137,000 from available funds; and .. 3. Authorize the City Manager to execute a contract with Ballou Construction Company, Inc. in the amount of$1,341,050 for 60 working days for Micro-Surfacing 2001-5. DISCUSSION: In the 2000-2001 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. Micro-Surfacing 2001-5 provides for surface rehabilitation for asphalt streets in various locations funded from the Contract Street Maintenance Fund. The following list details the limits for each of the streets included in this project: STREET FROM TO NW 22nd Street North Main Street Ellis Avenue Allen Place Court East cul-de-sac Allen Place Drive Allen Place Drive Ridglea Country Club Drive Allen Place Drive Battle Creek Court North cul-de-sac Battle Creek Road Battle Creek Road Ridglea Country Club Road Falling Springs Road .. Battle Creek Road Riverridge Road Ridglea Country Club Drive Bayberry Drive Western Center Boulevard Longstraw Drive East Berry Street Mitchell Boulevard Vaughn Boulevard Blue Lake Court Blue Lake Drive West cul-de-sac Blue Lake Drive North cul-de-sac 1-30 Service Road Blue Sage Road Barwick Drive Ivanhoe Drive Blue Sage Court West cul-de-sac Blue Sage Road Cedar Creek Court North cul-de-sac North Sugar Lake Road Cherry Lane West Freeway Highway 80 Clinton Avenue NW 20th Street NW 23rd Street list continued next page) City of Fort Worth, Texas "Agar And 4:0uncit commu"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 5/22/01 C-18602 I 20BALLOU 2 of 5 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO BALLOU CONSTRUCTION COMPANY, INC. FOR MICRO-SURFACING 2001-5 AT VARIOUS LOCATIONS Coral Circle Ridglea Country Club Drive City limits at 4136 Coral Ellis Avenue NW 20th Street NW 23rd Street Emerald Lake Court Saint Lawrence Road South cul-de-sac Emerald Lake Drive Saint Lawrence Road Willow Ridge Road Ernest Court East cul-de-sac Allen Place Drive Fall River Drive Lake Louise Road Willow Ridge Road Falling Springs Road Streamwood Road Tamarack Road Flat Rock Road Blue Sage Road Wentworth Street Flat Rock Court West cul-de-sac Blue Sage Road Granite Shoals Avenue Lake Louise Road Willow Ridge Road Green River Trail East cul-de-sac Saint Lawrence Road Green River Court Green River Trail West cul-de-sac South Hulen Street Altamesa Boulevard Sycamore School Road Ivanhoe Drive Wentworth Street Westhaven Drive Kenway Court Westhaven Drive West cul-de-sac Key West Court Southridge Trail North cul-de-sac Lake Charles Avenue South Green River Trail Lake Louise Road Lake Charles Avenue North Willow Ridge Road Green River Trail Lake Havasu Trail Oakland Boulevard Chandler Lake Court Lake Louise Road Sugar Lake Road Saint Lawrence Road Lake Louise Court Sugar Lake Road North cul-de-sac Las Vegas Trail West Freeway Highway 80 Lassen Court Westhaven Drive West cul-de-sac Ledgestone Court East cul-de-sac Ledgestone Drive Lee Avenue Prospect Avenue NW 25th Street Marble Falls Court Lake Louise Road West cul-de-sac Marble Falls Road Lake Louise Road Willow Ridge Road Meadows West Drive South Woodbend Court Shorecrest Court Miraloma Drive Miramar Circle Serrano Drive Mitchell Boulevard East Rosedale Street Wichita Street Paint Rock Court Flat Rock Road South cul-de-sac Partridge Road Barwick Street Wentworth Street Raintree Court Blue Lake Drive West cul-de-sac Raintree Road Blue Lake Drive Blue Lake Drive Ridgerock Road Ledgestone Road Ledgestone Road Ridglea Country Club Drive City limits At 4009 Ridglea Country River Bend Drive Meadows West Drive Shorecrest Court Riverport Road Ridglea Country Club Drive South cul-de-sac Riverridge Road Ridglea Country Club Drive South cul-de-sac Rock River Road Lake Louise Road Willow Ridge Road list continued next page) City of Fort Worth, Texas "Agar And Council Communication - DATE REFERENCE NUMBER I LOG NAME PAGE 5/22/01 C-18602 20BALLOU 3 of 5 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO BALLOU CONSTRUCTION COMPANY, INC. FOR MICRO-SURFACING 2001-5 AT VARIOUS LOCATIONS — Saint Lawrence Road Blue Lake Drive Willow Ridge Road South Court Southridge Trail North cul-de-sac South Ridge Trail Misty Meadow Drive South Cleburne Road West Stoney Bridge Place Academy Boulevard Chapel Creek Boulevard Stoney Creek Road Falling Springs Road Tamarack Road Streamwood Road Falling Springs Road Tamarack Road Suttonwood Drive Farmers Branch Street White Settlement Road Sycamore School Road Cleburne Road W South Hulen Street Tamarack Court North cul-de-sac Tamarack Road Tamarack Road Ridglea Country Club Drive Streamwood Road Three River Court Green River Trail West cul-de-sac Timberline Drive Old Mansfield Road Bendry Street Timberline Drive Trueland Drive Wichita Street Tumbling Trail Ridglea Country Club Drive Battle Creek Road Tumbling Trail Court Tumbling Trail West cul-de-sac View Street 3312 View Street North Ayers Avenue Wagon Track Court North cul-de-sac South Drive Wentworth Street Ledgestone Drive South Drive West Westhaven Drive Barwick Drive South Drive Westhaven Drive Barwick Drive Barwick Drive Westhaven Court Westhaven Drive West cul-de-sac White Settlement Road Westview Avenue City limits/Trinity Bridge Willow Ridge Road Green River Trail 1-30 Service Road Willow Run Court Westhaven Drive South cul-de-sac Windriver Court East cul-de-sac Battle Creek Road Winterhazel Drive North Beach Street Silver Sage Drive Additionally, the following streets included in the contract are currently under construction for the replacement of water and/or sewer lines or have recently had water and/or sewer lines replaced. The Transportation and Public Works Department has determined that curb-to-curb surface rehabilitation of the pavement surface is the best option for the repair of these streets. The repair of these streets will be funded by the Water Department at a cost of$193,000. .. The following list details the limits for each of the streets included in this project: - - City of Fort Worth, Texas "agor Arod Council 4:0mmunication DATE REFERENCE NUMBER LOG NAME PAGE 5/22/01 C-18602 20BALLOU 4 of 5 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO BALLOU CONSTRUCTION COMPANY, INC. FOR MICRO-SURFACING 2001-5 AT VARIOUS LOCATIONS STREET FROM TO _ East Beddell Street Cole Street 1-35 Highway East Berry Street Canberra Court Mitchell Boulevard Boca Raton Boulevard Woodhaven Boulevard Oakland Hills Lane Brown Drive Oak Grove Road Cole Street Bryan Drive West Pafford Street Bolt Street Glenwick Drive Southbrook Drive Montrose Drive East Hammond Street Old Burleson Road West dead end Klamath Road Ridgmar Boulevard West dead end May Street West Pafford Street Bolt Street Montrose Drive 47 feet East of Shepheard Drive Skyline Drive Newport Court East cul-de-sac Ridgmar Boulevard Pafford Street Jones Street 1-35 East Pafford Street South Main Street South Jones Street West Pafford Street South Main Street May Street Plaza Parkway Ridgmar Boulevard Lands End Boulevard Pleasant Street Thornhill Drive West Spurgeon Street Ramey Avenue Hughes Avenue Coleman Street Ridgmar Meadow Road Town Square Drive State Highway 183 Sahara Place Broadus Avenue NE cul-de-sac Scharf Court Bonnie Drive West cul-de-sac Shepheard Drive Montrose Drive Glenwick Drive Southbrook Drive Glenwick Drive Skyline Drive Town Square Drive Altamere Drive Ridgmar Meadow Road This project is located in ALL COUNCIL DISTRICTS. This project was advertised for bid on March 1 and 8, 2001. On March 29, 2001, the following bid was received: BIDDERS AMOUNT •• Ballou Construction Company, Inc. $1,341,050 The low bidder, Ballou Construction Company, Inc. is in compliance with the City's MNVBE Ordinance .. by committing to 5% M/WBE participation and documenting good faith effort. Ballou Construction Company, Inc. identified several subcontracting and supplier opportunities. However, the M/WBEs contacted in the areas identified did not respond or did not submit the lowest bids. The City's goal on this project is 10%. am am City of Fort Worth, Texas "agog and Council Communication — DATE REFERENCE NUMBER LOG NAME PAGE 5/22/01 C-18602 I 20BALLOU 5 of 5 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO BALLOU CONSTRUCTION COMPANY, INC. FOR MICRO-SURFACING 2001-5 AT VARIOUS LOCATIONS FISCAL INFORMATION/CERTIFICATION: _ The Finance Director certifies that upon approval and completion of recommendation No. 1, and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Project Fund, the Sewer Capital Project Fund, and the Contract — Street Maintenance Fund. MG:k �• Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2) PW53 472045 060530175720 $ 56,000.00 Mike Groomer 6140 1&2) PS58 472045 070580174310 $ 137,000.00 Originating Department Head: 1)PW53 541300 060530175720 $ 56,000.00 2)PS58 541300 070580174310 $ 137,000.00 Hugo Malanga 7801 (from) APPROVED 5/22/01 — ORDINANCE NO. 14634 1) PE45 538070 0609020 $ 56,000.00 Additional Information Contact: 1) PE45 538070 0709020 $ 137,000.00 .. 3) PW53 541300 060530175720 $ 56,000.00 3) PS58 541300 070580174310 $ 137,000.00 Hugo Malanga 7801 3)GS93 541200 020930511130 $1,148,050.00 Ordinance No.—/CPO AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER CAPITAL PROJECT FUND IN THE AMOUNT OF$56,000 AND IN THE SEWER CAPITAL s PROJECT FUND IN THE AMOUNT OF$137,000 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING A CONTRACT WITH BALLOU CONSTRUCTION COMPANY, INC., FOR MICRO- SURFACING 2001-5 AT VARIOUS LOCATIONS;MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for the Fiscal Year 2000-01 and in the Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Water Capital Project Fund in the amount of$56,000 and in the Sewer Capital Project Fund in the amount of$137,000 from available funds for the purpose of funding a contract with Ballou Construction Company,Inc.,for Micro-Surfacing 2001-5 at various locations. SECTION 2. -- That should any portion,section or part of a section of this ordinance be declared invalid,inoperative or void for any reason by a court of competent jurisdiction, such decision,opinion or judgment shall in no way impair the remaining portions,sections, or parts of sections of this ordinance,which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 14286 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: 51}'Irf o APPROVED CITY COUNCIL MAY 22 2001 City Secretary of the City of Fort liiortti,Texas SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MICRO-SURFACING 2001-5 AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH, TEXAS PROJECT NO. GS93-020930511130 2001 3 Z OI A. DOUGLAS RADEMAKER, P.E. DATE DIRECTOR, DEPARTMENT OF ENGINEERING GEORGE A. BEHMANESH, P.E. DATE ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT DO KIM, P.E. DATE CAPITAL PROJECT ENGINEER TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Prevailing Wage Rates 4. Proposal 5. Vendor Compliance 6. Disadvantaged Business Enterprise 7. Special Provisions 8. Contractor Compliance with Worker's Compensation Law 9. Certificate of Insurance 10. Performance Bond 11. Payment Bond 12. Contract 13. Project Designation Sign 14. Locations NOTICE TO BIDDERS Sealed proposals for the following project: MICRO-SURFACING 2001-5 AT VARIOUS LOCATIONS PROJECT NO. GS93-020930511130 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., March 29, 2001 and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. - A pre-bid conference will be held at 9:00 A.M. March 13, 2001 in the Transportation and Public Works Conference Room, 2nd Floor, Municipal Building. One set of documents will be provided to prospective bidders for a deposit of twenty dollars ($20.00), such deposit will be refunded if the document is returned in good condition within ten (10) days after bids are opened. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) per set. For additional information, contact Mr. Najib Fares at (817) 871-7802. BOB TERRELL Hugo Malanga, P.E., Director CITY MANAGER Transportation and Public Works Department T PUBLICATION: By: Z - 2.7— 01 March 01, 2001 Najib ares, P.E. March 08, 2001 Infrastructure Engineer, TPW SPECIAL INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents � within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S.Treasury,or(2)the surety must have capital and surplus equal to ten times the limit of the bond. am The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. No 2. 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 thl contract awarded. In this connection,the successful bidder shall be required to furnish a performance bond as well as payment bond,both in a sum equal to the amount of the contract awarded. The form of the an 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,(1)the name of the surety shall be included on the current U.S.Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in "■ the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. am No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the +M contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000 a Payment Bond shall be executed,in the amount of the an contract,solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall be executed,in the amount ■. of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of fort Worth. .. 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the MM proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No.7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting Am discrimination in employment practices. MM 6. NAGE RATES:All bidders will be required to comply with provision 5159a of"Vernons Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates as established .. by the City of Fort Worth,Texas and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the '■ successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. ' wo 8. INSURANCE:Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$250,000 each person, $500,000 each occurrence;Property Damage-$300,000 each occurrence). The City reserves the right 'r to request any other insurance coverages as may be required by each individual project. NONRESIDENT BIDDERS:Pursuant to Article 601 g,Texas Revised Civil Statutes,the City of Fort .. Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner .. has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner .. has its principal place of business in this state. This provision does not apply if this contract involves federal funds. Mft The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. .. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with.City of Fort Worth Ordinance No. 11923,as amended by Ordinance 13471,the City of Fort Worth has goals for the .ft participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary.In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate. The Documentation ® must be received no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Mft Failure to comply shall render the bid non-responsive. Mft Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its Oft possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under appropriate federal,state or local laws or ordinances relating to false statement;further,any such Oft misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 11. AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M%WBE UTILIZATION .. FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate is received by the City. The award of contract,if made,will be within forty-nine(49) days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT:The Contractor will receive full payment(minus 5%retain age)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, .� and upon acceptance of the project. r : 13. ADDENDA:Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding,the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non- responsive. AN 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage g a.Definitions: .� Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project,for the " duration of the project. Duration of the project-includes the time from the beginning of the work on the project until ,. the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, .. independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services related "" to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. ow b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. a� r d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that �• coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for ®. all persons providing services on the project;and (2) no later than seven days after receipt by the contractor,a new certificate of coverage - showing extension of coverage,if the coverage period shown on the current _ ' certificate of coverage ends during the duration of the project. .6 { f. The contractor shall retain all required certificates of coverage for the duration of the �• project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or .. personal delivery,within ten(10)days after the contractor knew or should have.known, of any change that materially affects the provision of coverage of any person providing services on the project �. h. The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a .ft certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of .. coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate �r of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. d (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the ■" project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on .. proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil .. penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by .. the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point nominal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: rr "REQUIRED WORKER'S COMPENSATION COVERAGE" _ The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". i Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 15. NON DISCRIMINATION:The contractor shall not discriminate against any person or persons because of sex,race, religion,color,or national origin and shall comply with the provisions of City .r Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. .. 16. AGE DISCRIMINATION:In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of �. their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. .r Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City + -harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms + and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any otoer;applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's + alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. ..� Revised March 15, 1996 r .. CITY OF FORT WORTH HIGHWAY CONTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFACTION HOURLY RATE AIR TOOL OPERATOR $9.00 ASPHALT RAKER 9.55 ASPHALT SHOVELER 8.80 BATCHING PLANT WEIGHER 11.51 CARPENTER 10.30 CONCRETE FINISHER-PAVING 10.50 CONCRETE FINISHER-STRUCTURES 9.83 CONCRETE RUBBER 8.84 ELECTRICIAN 15.37 FLAGGER 7.55 FORM BUILDER-STRUCTURES 9.83 FORM LINER-PAVING&CURB 9.00 FORM SETTER-PAVING&CURB 9.24 FORM SETTER-STRUCTURES 9.09 LABORER-COMMON 7.32 LABORER-UTILITY 8.94 MECHANIC 12.68 OILER 10.17 SERVICER 9.41 PAR ITER-STRUCTURES 11.00 PIPE LAYER 8.98 BLASTER 11.50 ASPHALT DISTRIBUTOR OPERATOR 10.29 ASHPALT PAVING MACHINE 10.30 BROOM OR SWEEPER OPERATOR 8.72 BULLDOZER 10.74 CONCRETE CURING MACHINE 9.25 CONCRETE FINISHING MACHINE 11.13 CONCRETE PAVING JOINT MACHINE 10.42 CONCRETE PAVING JOINT SEALER 9.00 CONCRETE PAVING SAW 10.39 CONCRETE PAVING SPREADER 10.50 SLIPFORM MACHINE OPERATOR 9.92 CRANE,CLAMSHELL,BACKHOE,DERRICK, DRAGLINE, SHOVEL 11.04 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.00 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 11.83 FRONG END LOADER 9.96 MILLING MACHINE OPERATOR 8.62 MIXER 10.30 MOTOR GRADER OPERATOR FINE GRADE 11.97 MOTOR GRADE OPERATOR 10.96 1 CITY OF FORT WORTH HIGHWAY CONTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFACTION HOURLY RATE PAVEMENT MARKING MACHINE 7.32 ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS 9.06 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 8.59 ROLLER,PNEUMATIC,SELF-PROPELLED SCRAPER 8.48 SCRAPER 9.63 TRACTOR-CRAWLER TYPE 10.58 TRACTOR-PNEUMATIC 9.15 TRAVELING MIXER 8.83 WAGON-DRILL,BORING MACHINE 12.00 REINFORCING STEEL SETTER PAVING 13.21 REINFORCING STEEL SETTER STRUCTURES 13.31 STEEL WORKER-STRUCTURAL 14.80 SPREADER BOX OPERATOR 10.00 WORK ZONE BARRICADE 7.32 TRUCK DRIVER-SINGLE AXLE LIGHT 8.965 TRUCK DRIVER-SINGLE AXLE HEAVY 9.02 TRUCK DRIVER-TANDEM AXLE SEMI TRAILER 8.77 TRUCK DRIVER-LOWBOY/FLOAT 10.44 TRUCK DRIVER-TRANSIT MIX 9.47 TRUCK DRIVER-WINCH 9.00 VIBRATOR OPERATOR-HAND TYPE 7.32 WELDER 11.57 2 PROPOSAL TO: MR. BOB TERRELL Fort Worth, Texas City Manager Fort Worth,Texas FOR: MICRO-SURFACING 2001-5 (POLYMER MODIFIED) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930511130 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2 Ea. Project Designation Sign @ Two-Hundred Dollars & No Cents Per Ea. 200.00 $ 400.00 S.P. 2 685,000 S.Y. Micro-Surfacing "Polymer Modified" @ 6AA5 Dollars & AbAYCH Cents Per S.Y. $ !76 60.00 300 3 150 C.Y. H.M.A.C. Base Repair @ S.P. 6 f d 0 ED Qollars & Cents Per C.Y. .00 $24.2rlj,00 P-1 300 4 100 Ton H.M.A.C. Level-Up @ ,., 312 dkr Hd�F(46 Dollars & 4/0 Cents Per Ton 0S0 o D 00.oD S.P. 5 3000 L.F. Crack Sealing @ .do Dollars & Cents Per L.F. $ . Sd $4 3,00,00 TOTAL BID $T d P-2 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F)of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within Six 60 Working Days from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction"as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will delivery an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of S9d of 12 rY- i. ,41,0 Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached - Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. a_ I (we), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Respectfully submitted, - Addendum No. 2 (Initials) Addendum No. 3 (Initials) d de- i3OA) e'hmac, By: / CLr RCesioe vv- Address: P.o. 3ax 23oc S ¢F AM_ &MS*.$ kJYAZ-L31e (Seal) Date: Telephone.&Z5) P-3 D VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed .House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as a low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. ❑ Bidder: Awalod a- k"414,6_41 Company By (Ple Print) 1. 0 , t3ox X300 Address Signature f�,�SiDE.clr— City/State/Zip Title (Please Print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION Cit of Fort Worth . Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises.(M/WBE)in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MNVBE PROJECT GOALS (� The City's MBE5/VBE goal on this project is v °to of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS —X On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or; 2. Good Faith Effort documentation,or; 3. Waiver documentation. 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. M/WBE Utilization Form, if goal received by 5:00 p.m.,five(5) City business days after the is met or exceeded: bid opening date,exclusive of the bid opening date. 2. Good Faith Effort Form and M/WBE 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 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 MfWBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the MIWBE Office at(817)871-6104. Rev.6119100 ATTACHMENT 1A .� City of Fort Worth Page 1 of 2 Minority and Women Business Enterprise Specifications MBEMBE UTILIZATION RIME COMPANY NAME T BID DATE 4 o So�'FAc�,r/l9- o?oQ/--� `S-6LO PR J EC T NAME PROJECT NUir Ji!BER ITY'S INIAN 3E PROJECT COAL: NIAVBE PERCEi•"TAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department '4n or before 5:00 p.m.five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid )eing considered non-responsive to bid specifications. 'she undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this >chedule, 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 ion-responsive to specifications. ` Company Name,Contact Name,- Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. - Scope of Work(•) Supplied(*)00 I ra- o � sn zx — s� r MIWBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. (•) Specify all areas in which MWBE's are to be utilized andlor items to be supplied:416, - (`) A complete listing of items to be supplied Is required In order to receive credit toward the MIWBE goal. (•`)Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,I.e.,a direct paymen from the prime contractor to a subcontractor is considered 9"tier,a payment by a subcontractor tc Its supplier Is considered 2nd tier. S. 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.6l2P, Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBEIWBE UTILIZATION Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. a Scope of Work(") Supplied(') ,Z; CL oo m m Z F Z .,The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(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 MBE(s) and/or WBE(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 less than one (1)year. ALL MBs a W Es MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Aut rued Signature Printe i nature _ Title Contact Name and Title (it different) B�Aay Cr�NST�('dc sio,t/ C'� i✓c, <�,1'�2 X&5=530 3 r Company Name Telephone Number(s) .! O . BdX 23-00C`?�!5 E-Z 7036 Address Fax Number itLe-# g. .2,�W1 City/State/ lip Code Date s 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.612A Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1B Cit of Fort Worth Page 1 of 1 Minority and Women Business Enterprise Specifications Prime Contractor Waiver .� Prime Company Name Project Name Bid Opening.Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure.to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.. five (5) City business days after bid opening, exclusive"of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? Yes No If yes, please,provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (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 MBE(s) and/or WBE(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 less than one (1)year. Authorized Signature Printed Signature Title Contact Name (if different) Company Name Contact Telephone Number (s) Ism Address Fax Number Rev.612198 ATTACHMENT 1C Page 1 of 3 City of Fort Worth Minority and Women Business Enterprise GOOD FAITH EFFORT JJ,4U6% COAr3rJZiOCTI4A✓ CO • :LN C. 31,2 '7 ! O i .. Prime Company Name Bid Date ryi lU'osur_FcccrPG �2oaol -s' C5-%3 -020�3as/�3a �+ Project Name Project Number e If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if -.. your MIWBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its .entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five (5) City business days'after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS)which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (Use additional sheets, if necessary) List of: Subcontracting Opportunities List of: I Supplier Opportunities rC- I i& t C4 rr /�s�h��r DLtTG(�,� leve.i' ��} �c rw.c. &P & C rt,c. ea ,Aj Rev.6/2/98 ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of M/WBE firms from the City's MIWBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. .. ✓Yes Date of Listing 63 1 /Y l o l No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? L,-,Yes If yes, attach M/WBE mail listing to include name of firm and address and a dated No copy of letter mailed. It 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? ✓Yes If yes, attach list to include name of M/WBE firm, person contacted, No phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimHe is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If a SIC list of M/WBE is ten or less,the bidder must contact the entire list to be in compliance with questions 3 and 4. If a sic list of.M/WBE is more than ten, the bidder must contact at least two-thirds of the list but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? ✓Yes No 6.) If M/WBE bids were received and rejected,you must: (1) List the M/WBE firms and the reason(s)for rejection(i.e., quotation not commercially reasonable, qualifications, etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below(i.e.. letters, memos, bids,telephone calls, meetings,etc.) _ (Please use additional sheets,if necessary,and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection �12 �� .✓ Co T x17.2--2711-1/77 0 f P41-KS hi AAm,r RIZI , DN e Fa,-a, ,Ae RcL� e L illazyisrjex CVa — c- r� Rev.612/98 ATTACHMENT 1C Page 3 of 3 .� DDITIONAI_:l FORMATION: Pleaseprovide aA41tional Information you feel Will further explain your good and honest efforts to obtain MIWBE participation on this project. ALL m W 8£ rI/tras (j-CLi' SoItG1TCD 4, cDnl.l.[ 1ZJA.,e ,4.1 _ C.five S t(1.ucr owl Ae a /ac. i?� b ci Q p t1CS t` AV& a I r. IJ 4 e T+* Pratecr ig U D I Ad K M 4l� . CY on o N W i � D rler—TW tile. e_.nn inN 14's OMrtr-r . sem 4 7rAL gkc0 The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. i Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that- any MNVBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the ' y IVI[WBE Office. 0 Au a tj K i4/D cr✓ Authorized Signature Printed Signature V rrleu I +� Title Contact Name and Title (if different) Csr/L�Gr/ori, Company Name Telephone Number(s) 0 bosc 930 0 -7�5� — 9�2 S -703 Address Fax Number Lr, Kis 7Y0.2,-23o0 City/State/Zip Date Rev.6/2/98 CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MICRO-SURFACING 2001-5 (POLYMER MODIFIED) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930511130 1. SCOPE OF WORK: The work covered by these details and specifications consists of the Micro-Surfacing of existing pavement. A layer of "Polymer Modified" shall be installed as described in the Technical Specifications of these Special Provisions. The work shall include all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. The contractor is encouraged to conduct site visits and survey all these possibilities. The contractor shall verify these locations with the Construction Engineer. For street locations see list at the back of this document. The City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Included, in addition to the microsurfacing process, will be the removal (only) of all traffic buttons and pavement markings, removal and replacement of , base repair, and all other miscellaneous items of construction to be performed as outlined in these specifications which are necessary to satisfactorily complete the work. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best accuracy based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. 2. Contract will be awarded to the lowest responsible and responsive bidder. 3. ,The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Construction of the City of Fort Worth, Texas. 4. The City reserves the right to abandon, without obligation to the Contractor, any part of the SP-1 project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. 5. This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION- CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRALTEXAS A copy of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. General Provisions elm shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 6. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the Director of the Transportation and Public Works Department. 7, The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of one (1) year from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 8. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced SP-2 manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic. 9. PAYMENT: The Contractor will receive bi-weekly payment (minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 10. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the 4 City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City and no such extension of time shall release ,., the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 11. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 1". 12. DISPOSAL OF SPOIUFILL MATERIAL: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator("Administrator"), of the location of all sites where the SP-3 contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at contractors expense. In the event that the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 13. During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 14. Final cleanup work shall be done for this project as soon as the work has been completed. No more than five days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 15. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. _ 16. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 17. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." SP-4 (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hood connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Co.) which will erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort .� Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company, and shall record action taken in each case. (4) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). 18. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal 4 working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. CONSTRUCTION NON-PAY ITEM NO. 1 - SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item No. 200, "Sprinkling for Dust SP-5 Control' shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM NO 2 - REMOVAL OF TRAFFIC BUTTONS AND PAVEMENT MARKINGS AND INSTALLATION OF TEMPORARY LANE TAPE: All traffic buttons shall be removed from the existing asphalt surface before micro-surfacing begins. The contractor shall be responsible for the removal of all buttons and pavement markings on the streets listed in the back of this document. Upon completion of the job the City will install new buttons after proper notification. The contractor shall also be responsible for all materials, equipment and labor to place temporary adhesive lane marking tape, at locations as directed by the Construction Engineer, to direct traffic flow until permanent markers are installed. The contractor shall notify the Construction Engineer to arrange for the replacement of the buttons and adhesive lane markers (arrows, etc.). All costs to the contractor shall be figured as subsidiary to this contract. PAY ITEM NO. 1 - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting, and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4"fir plywood, grade A-C (exterior)or better. These signs shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be SP-6 to the satisfaction of the Engineer. The unit price pre bid per each will be full compensation for all labor, material, equipment, tools, and incidentals necessary-to complete the work. PAY ITEM NO. 2- MICRO-SURFACING (POLYMER MODIFIED): This item shall consist of(3/8"to 1/2")three eight to half inch layer of"Polymer Modified" as described in the Technical Specifications. The unit price bid per square yard of Micro-Surfacing "Polymer Modified" complete and in place, shall be full compensation for asphalt emulsion, aggregate, additives, all labor, cleaning, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 3 - REMOVAL AND REPLACEMENT OF H.M.A.C. PAVEMENT AND BASE: The contractor is to remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The Construction Engineer will identify these areas upon which time the contractor will begin work. The failed area shall be saw cut, or other similar means, out of the existing pavement in square or rectangular fashion. The side faces shall be cut vertically and all failed and loose material excavated. As a part of the excavation process, all unsatisfactory base material shall be E� removed, if required, to a depth sufficient to obtain stable sub-base. The total depth of excavation could range from a couple of inches to include the surface-base-some sub-base removal for which the Construction Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with "Type D" surface mix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. pavement thickness will not exceed 6". Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot-Mix Asphaltic Concrete"shall govern work. ,�, SP-7 The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO. 4 -H.M.A.C. LEVEL UP: This item shall be used to fill ruts, depression with "Type D" surface mix prior to placing the Micro-Surfacing layer where needed as directed by the Engineer in the field. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304" prime coat", and 312"Hot-Mix Asphaltic Concrete"shall govern work. The unit price bid per ton shall be full compensation for all materials, labor, placing, equipment, cleaning and incidentals necessary to complete the work. PAY ITEM NO. 5—CRACK SEALING: Contractor shall seal existing large cracks, Y2 -inch or greater, by using hot poured rubber type joint sealer as directed by the Engineer. Standard Specification Item No. 314.2(11) "Joint Sealing Material" shall apply. The unit price bid per linear foot shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the work. SP-8 TECHNICAL SPECIFICATIONS MICRO-SURFACING (POLYMER MODIFIED) 1. DESCRIPTIONS: A. This item shall consist of a micro-surfacing system which shall be a mixture of cationic modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives mixed and spread on the paved surface in accordance with these specifications. B. All testing required by these specifications is to be performed using Texas Department of Transportation (TxDOT)testing methods and their bulletins. 2. MATERIALS: A. Asphaltic Materials: The asphalt material, designed as CSS-1 P, shall be a cationic slow setting emulsion modified with an approval polymer. The polymer shall be incorporated by blending with the base asphalt prior to emulsification or it shall be co-milled with the asphalt to produce the finished emulsion. The distillation residue of the modified emulsion shall contain a minimum of 3.0 percent polymer by weight, as determined by an analytical method approved by the Engineer. The emulsion supplier shall furnish the Engineer samples of the base asphalt and polymer used in the finished emulsion. In addition, the emulsion shall be homogeneous, shall show no separation of polymer and shall comply with the following requirements: Min. Max. Viscosity, Saybolt Furol at 77 F, Sec. 20 100 Storage Stability Test, One Day, Percent -- 1 Particle Charge Test Positive Sieve Test, Percent-- 0.1 *Distillation: Oil Distillate, by Volume of Emulsion, Percent 90 Residue, Percent 62 -- Tests on Residue from Distillation: Penetration, 77 F, 100 g, 5 seconds 55 90 -- Ductility, 77 F, 5 cm/min, cm 70 -- Solubility in Trichloroethylene, Percent 97 -- Softening Point, R. & B., F 135 -- SP-9 �. *The standard distillation procedure shall be modified as follows: The temperature on the lower thermometer shall be borough slowly to 350 plus or minus 10 F and maintained at this point for 20 minutes. Complete the total distillation in 60 plus or minus 5 minutes from the first application of heat. B. Mineral Aggregate: The mineral aggregate shall be composed of clean, tough, and durable particles of crushed traprock, crushed granite, or crushed sandstone. A sand equivalent of 65 or higher is required. The aggregate shall have a weighted loss of not more than 12 percent when sodium sulfate is used or 25 percent when magnesium sulfate is used in accordance with Test Method Tex-411-A. The polish value for the aggregate shall not be less than 40 when tested in accordance with Test Method Test-438-A. If the traprock is used, the polish value requirement is waived. 1. Grades: When tested by Test Method Tex-200-17, Part I, the gradation requirements shall be as follows: - Grade 2 Percent Aggregate Passing (Course Graded Surface Course) By Weight Passing 3/8" sieve 99-100 Passing No. 4 sieve 86-94 Passing No. 8 sieve 45-65 Passing No. 16 sieve 25-46 Passing No. 30 sieve 15-35 Passing No. 50 sieve 20-25 Passing No. 200 sieve 5-15 2. Mineral Filler: Mineral filler shall be non-air-entrained Portland cement which is free of lumps of foreign matter. -� C. Water: The water shall be potable and shall be free of harmful soluble salts. D. Modifier: An approved latex modifier, such as Dynatex Latex or other approved equal, along with special emulsifiers shall be,milled into the asphalt emulsion. The distillation residue of the modified emulsion shall contain a minimum of 2.0,percent rubber solids by weight, as determined by an analytical method approved by the Engineer. The emulsion supplier shall furnish the Engineer samples of the base asphalt and latex modifier used in the finished emulsion. SP-10 The modified emulsified asphalt shall be so formulated that when the paving mixture is applied with the relative humidity at not more than 50 percent and ambient air temperature of at least 75 F, it will cure sufficiently that rolling traffic can be allowed in one hour with no damage to the surface. E. Other Additives: Additives supplied by the emulsion manufacturer may be added to the emulsion mix or to any component materials to provide control of the set time in the field. 3. PAVING MIXTURE: r A. Mixture Design: The mix shall be designed by the Contractor in accordance with Texas Department of Transportation Bulletin C-14 and Test Method Tex-204-F, using Test Method Tex-227-F to supplement Test Method Tex- 201-F and Tex-202-to conform with the requirements herein. The above laboratory mixing and curing procedures may be modified as approved by the Engineer. The emulsified asphalt content will be selected by the Engineer to provide an optimum laboratory compacted density within the range of 94-97 percent. A minimum HVEEM stability of 35 is required for placement exceeding a depth of twice the maximum aggregate size. This is a mix design requirement, to be verified by testing of trail batch material prior to placement of project material. HVEEM stability testing will be performed by the City. The frequency of job control density and stability testing will be determined by the Engineer. The Contractor shall be responsible for payment of all testing, prior to materials being placed. The Contractor shall furnish the mix design for the type of mixture specified together with applicable design work sheets and date. The Bulk Specific Gravity will be determined for each aggregate to be used in the design mixture. If the determined values vary by 0.300 or more, the mixture design will be by the Volumetric Methods, Test Method Tex-204-F, Pat II. To substantiate the design, trial mixtures will be produced and tested using all the proposed project materials and equipment prior to any placement. The - Engineer may waive trial mixtures if the same design has been proven to be in conformance with these requirements. B. Composition of Mixture: The Engineer shall approve the design mix and all micro-surfacing materials and methods prior to use and shall designate the proportions to be used within the following limits. Residual Asphalt- 6.0 to 9.0 percent by weight of dry aggregate or 13.5 } to 23 percent volume of the aggregate. SP-11 Mineral Filler- 1.5 to 3.0 percent of dry weight of aggregate. J Modifier- As required to provide the specified properties. Water- As required to provide proper consistency. C. Type: The paving mixture shall consist of a uniform mixture of coarse aggregate, fine aggregate, and asphaltic material. Mineral filler and/or additives may also be required. The mixture shall be designed so that the mineral aggregate will produce a gradation which conforms to the limitations for the master grading for the type specified herein. The gradation will be determined in accordance with Test Method Tex-200-F (Dry Sieve Analysis) and shall be based upon aggregate only. The amount of asphaltic material shall conform to the limitation for the type specified. D. Tolerances: The aggregate portion of the paving mixture produced shall not vary from the design gradation by more than the tolerances which follow. The material passing the No. 200 sieve is further restricted to conform to the limitations for the master grading for the type specified. The asphaltic material portion of the paving mixture shall not vary from the design amount by more than the allowed tolerance is also restricted to conform to the master limits. The methods of test for determining the aggregate gradation and asphalt content of the mixture shall be Test Method Tex-210-F or other methods of -� proven accuracy. Percent By Weight or Volume As Applicable Passing 3/8" sieve, retained on No. 4 sieve Plus or minus 5 Passing No. 4 sieve, retained on No. 8 sieve Plus or minus 5 -� Total Retained on No. 8 sieve Plus or minus 5 Passing No. 8 sieve, retained on No. 16 sieve Plus or minus 3 Passing No. 30 sieve, retained on No. 50 sieve Plus or minus 3 Passing No. 50 sieve, retained on No. 200 sieve Plus or minus 3 Passing No. 200 sieve Plus or minus 2 Asphalt Material Plus or minus 0.5 by weight or 1.2 by volume SP-12 4. EQUIPMENT: All equipment for the handling of all materials and mixing and placing of the mixture shall be maintained in good repair and operating condition and subject to the approval of the Engineer. Any equipment found to be defective and potentially affecting the quality of the paving mixture will be replaced by the Contractor, at no cost to the City. This material shall be mixed by a self-propeller micro-surfacing mixing machine which shall be a continuous flow mixing self-contained unit able to accurately deliver and proportion the aggregate, emulsified asphalt, mineral filler, and water to a revolving multi-blade mixer and discharge the mixed product on a continuous flow basis. The machine shall have sufficient storage capacity for aggregate, emulsified asphalt, mineral filler, and water to maintain an adequate supply to be proportioning controls. The machine shall be equipped with self loading devices which provide for the loading of all materials while continuing to lay micro-surfacing, thereby minimizing construction joints. Individual volume or weight controls for proportioning each material to be added to the mix shall be provided. Each material control device shall be calibrated and properly marked. The aggregate feed to the mixer shall be equipped with a revolution counter or similar device so the amount of aggregate used may be determined at any time. The emulsion pump shall be a positive displacement type and shall be equipped with a E revolution counter or similar device so that the amount of aggregate used may be determined at any time. The mixing machine shall be equipped with a water pressure system and nozzle type spray bar to provide a water spray immediately ahead of and outside the spreader box. The mixing machine shall be equipped with an approved fines feeder that shall provide a uniform, positive, accurately metered, predetermined amount Of the specified mineral filler. The mixing machine shall have a driver station located on each side. 5. STOCKPILING AND STORAGE: A. Aggregate Storage: If the mineral aggregates are stored or stockpiled, they shall be handled in such a manner as to prevent segregation, mixing of the various materials or sizes, and contamination with foreign materials. The grading of aggregates proposed for use and as supplied to the mixing plan shall be uniform. Suitable equipment of acceptable size shall be furnished by the Contractor to work the stockpiles and prevent segregation of the aggregates. The mineral aggregate shall be screened prior to being weighted for a job site delivery. This weight shall be done by means of a scale approved by the Engineer. SP-13 i B. Storage and Heating of Asphaltic Materials: The asphaltic material storage shall be ample to meet the requirements of the plant. Asphalt shall not be heated to a temperature in excess of that specified in the Item "Asphalts, Oils, and Emulsions." All equipment used in the storage and handling of asphaltic material shall be kept in a clean condition at all times and shall be operated in such a manner that there will be no contamination with foreign matter. C. Storage Location: It shall be the responsibility of the Contractor to provide storage locations for materials, at no cost to the City. — 6. CONSTRUCTION METHODS: A. General: It shall be the responsibility of the Contractor to produce, transport, and place the specified paving mixture in accordance with those specifications and as approved by the Engineer. B. Weather Limitations: The material shall be spread only when the atmospheric temperature is at least fifty (50) degrees F and rising and the weather is not foggy or rainy. C. Surface Preparation: i 1. The area to be sealed shall be thoroughly cleaned of all vegetation, loose aggregate, and soil. 2. Water used shall be applied at a rate to dampen the entire surface without any free flowing water ahead of the spreader box. 3. Any ruts, utility cuts, depression in excess of 1/2" shall be filled using a rut box prior to placing final surface treatment. 4. All manholes and water valves will be covered with plastic prior to placing micro-surfacing. 5. The Contractor shall remove all raised pavement markers in a manner which will protect and ensure no damage to the existing pavement. Any _ pavement damaged by the Contractor's operations shall be repaired at no cost to the City. Any excess debris shall be removed by the Contractor at no cost to the City. i 6. All 2 ft. x 8-ft. longitudinal crosswalk bars shall be removed from the existing pavement prior to placing micro-surfacing. SP-14 D. Spreading Equipment: The paving mixture shall be spread uniformly by means of a mechanical type squeegee box attached to the mixer, equipped with paddles to agitate and spread the materials throughout the box. A front seal shall be provided to ensure no loss of the mixture at the road contact surface. The rear seal shall act as a final strike-off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of aggregate and asphalt on the surface. The spreader box and rear strike-off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike- off. The seam where two spreads join shall be neat appearing and uniform. E. Workmanship: No excessive buildup, uncovered areas or unsightly appearance will be permitted on longitudinal or transverse joints. Longitudinal joints shall be placed on lane lines. Excessive overlap will not be permitted. Care shall be taken to insure straight liens along the roadway centerline, lane lines, shoulder or curb lines. Lines at intersections will be kept straight to provide a good appearance. Areas which cannot be reached with the mixing machine shall be surfaced using hand tools to provide complete and uniform coverage. The area to be handworked shall be lightly dampened prior to mix placement. Care shall be exercised in areas that require handwork so that the finished surface is uniform in texture, dense and of overall good appearance comparable to that produced by the spreader box. Micro- surfacing material required to repair deficiencies due to unsatisfactory workmanship shall not be paid for but shall be entirely at the Contractor's expense. F. Notification: It shall be the responsibility of the Contractor to notify all residents adjacent to the project of micro-surfacing operation and schedules. Such notice shall be given at least 48 hours before the work begins. G. Traffic Control: It shall be the responsibility of the Contractor to provide adequate traffic control measures, such as barricades, flagment, cones, etc., to protect the uncured micro-surface from all types of traffic and provide traffic safety in the construction area. Advance warning signs and barricades will be necessary. This shall be in accordance with the City of Fort Worth Work Area Traffic Control Manual. SP-15 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 2e day of Ma v , 20 01 by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and - existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D., 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, and the City of Fort Worth being hereinafter termed Owner, and Ballou Construction 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: MICRO-SURFACING 2001-5 AT VARIOUS LOCATIONS Designated as project number, _ GS93-020930511130 _ 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. CCUr Cr���;U=)IS �d D11�? s r GJ ya 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 60(Sixty) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 420.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the ne_aftience or alleged nealidence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or inpart by the negligence or affe_ged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds 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 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (includinglexcluding) alternates N/A shall be ONE MILLION, THREE HUNDRED FOURTY ONE THOUSAND, FIFTY DOLLARS AND NO CENTS $1,341,050.00 nd Pow C_4 J L un r 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. tin 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classed, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. a 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. ` 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six 6 counterparts with its corporate seal attached. C-4 Done in Fort Worth, Texas, this the 2e day of May , 20 01 . RECOMMENDED: CITY OF FORT WOR-AT Z:6uT �1"- /Y ..,, , DIRECTOR, DEPARTMENT OF ASSISTANT CITY MANAEGEW ENGINEERING APPROVED: DIRECTOV, TRANSPORTATION AND PUBLIC WORKS 1941-[.ocl eoN5m1en o,d rAIC. ATTEST: (Contractor) n ilTY4SECRET RY (SEAL) BY: _, "" 'V'-, r sentativ c RY J y @ q oy Contract Authorization 0 <5"-AA-0 / (TITLE) Date 'moo. t3 o x '7.3'n C, APPROVED AS TO FORM & (Address) LEGALITY: 55-41-X464, e4 [/S4-5 6 7 Y,6.2-L3 ca (City/State/Zip) ASI WANT CITY ATO NEY DLA/ November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Revised April 1999 Revised June 1999 l5 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENT: That we (1) Ballou Construction ComA AL Inc. (2) Company of Kansas hereinafter called Principal and (3) It.pawl pep A P ORO 1e0nr11epa CA. , 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- One £One Million,Three Hundred Forty One Thousand,Fifty Dollars and No Cents $1,341,050,00 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 OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner,dated the 22 ed day of Ma ,2001,a copy of which is hereto attached and made a part hereof,for the construction of MICRO-SURFACING 2001-5 .� AT VARIOUS LOCATIONS _. designated as Project Number GS93-020930511130 ,a copy of which contract is hereto attached,referred to, and made a part hereof as fully and to the same extent as if copies at length herein,such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well,truly and faithfully perform the work in accordance with the plans, specification, and contract document 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. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County,State of Texas. 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 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 or to the specifications. AMPERBOND.FRM IN WITNESS WHEREOF,this instrument is executed in 6 Counterparts each one of which shall be deemed an original,this the _ 228" day of May , 2001. Principal(4) ATTEST: -41N-,Lod COAU7;Xkle-01A� Co.,�rvc. 0(1 By: �cy '� ( rin ipal) Secre / 7 (Printed Name/Title) (SEAL) 0 . 736K -Z3 ea ADDRESS .5���•J� WgWf/f-s 67V-��-.73an CITY/STATE/ZIP 385 Washington St.,Si. Paul, WIN St.Paul Fire&Marine Insurance Co. (Address) (Surety) AT ST:4 _ (Surety)Secretary By: (Attorney-in-Fact)(5) (SEAL) s (Printed Attorney-in Fact) Witness as to Surety Note: Date ofBond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation,a Partnership or and Individual,as case may be (3) Correct Name ofSurety (4) If Contractor is partnership all Partners should execute bond (5) A true copy of Power ofAttorney shall be attached to bond byAttorney-in Fact PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we, (1) Ballou Construction Company, Inc. a corporation of (4 Saline County, Kansas hereinafter called Principal and (3) 81.Paul fire A Marine Insurance"r 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, and unto all persons, firms, and corporations who may furnish materials for,or perform labor upon,the building or improvements hereinafter referred to in the penal sum of: One Million,Three Hundred Forty One Thousand,Fifty Dollars and No Cents $1,341,050.00 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 bind ourselves, our heirs, executors, administrators and successors jointly and severally,firmly by 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 22°d day of May ,2001,a copy of which is hereto attached and made a part hereof,for the construction of: MICRO—SURFACING 2001-5 AT VARIOUS LOCATIONS designated as Project Number GS93-020930511130 copy of which contract is hereto attached, .e 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"works". NOW, THEREFORE,the condition of the obligation is such that,if the Principal shall promptly make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas, 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. THIS 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 Article 5160,and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, and 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 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 the specifications. PROVIDED FURTHER,that no final settlement between the Owner and the Contractor shall abridge A:15PAYBOND.FRM the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESSETH WHEREOF, this instrument is executed in 6 counterparts, each one of which shall be deemed an original,this the 220d day of May ,2001. Principal(4) ATTEST: BY: ��c�►�� rincipal) LA/Z.<y ✓. IVY ?- PAVeT O1FAft- (Printed Name/Title) (SEAL) /? o. 6,:lrx 230 0 ADDRESS /<�9-�1475 6 N 01.Z30 d CITY/STATE/ZIP 885 Washington St., St. Paul, MN' St. Paul Fire & Marine Insurance Co. e (Address) (Surety) ATTES : 4al (Surety)Secretary By: (Attorney-in-Fact) (Printed Attorney-in-Fact) (SEAL) �� G Witness as to Surety Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation, a Partnership or and Individual,as case may be (3) Correct Name ofsurety (4) If Contractor is Partnership all Partners should execute bond s TheSPdUl POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 21699 Certificate No. 314296 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint James D.Wilson,Phillip C.Krug,John C.Lohmeyer,W.Roger Garrett,Brenda R. Smith,Shelly L.Flores, Kristy L.Balthazor,Roberta K.Blair,Ronald L.Dupy,Sheri A.Eppenbach,Madeline T.Henry, Quinlan R.Hoffman,Dennis M.Poer,Mark A.Skidmore and Leslie M.Webb Salina Kansas of the City of State their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings rcgLjucd or itted in any actions or proceedings allowed by law. s�l 29th March 2000 IN WITNESS WHEREOF,the Companies have caused this instrumer DE Siels�.f.Ittti;c;tfeld A. — day of i Seaboard Surety Company Units rt States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company sura<r aE s P IM �NSyq Goo `.Q;:�pPYWJOHN F.PHINNEY,Vice President State of Maryland City of Baltimore MICHAEL R.MCKIBBEN,Assistant Secretary On this 29th day of March 2000,before me,the undersigned officer,personally appeared John F.Phinney and Michael R.McKibben,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. QU,EA PO e 1Vf In Witness Whereof,I hereunto set my hand and official seal. puk NOT,qR My Commission expires the 13th day of July,2002. r�.o9E cill vo REBECCA EASLEY-ONOKALA,Notary Public 86203 Rev. 11-99 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2,1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in 1� accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes I� only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Michael R.McKibben,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force O` and effect and has not been revoked. /� IN TESTIMONY WHEREOF,I hereunto set my hand thi day of �.. �jZOR PORA)f.� �� )F:At Q � • 6 1927 �'•.SE '`�`' E$�;SSALj+t ;,, 11 8�96� y9� $NCnIR4WTED m Michael R.McKibben,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421-38"d ask j tike Power of Attorney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to whi PowTli ached. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Baflou Construction Company, Inc. certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Micro-Surfacing 2001-5 at Various Locations project number, GS93-020930511130. By: Title "464y 100 / Date' STATE OF KANSAS 3 COUNTY OF SALINE 3 BEFORE ME, the undersigned authority, on this day personally appeared _. /—f1-,Q r2 , -. nA- y , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of X14L1-o1/ (',0A/S7 (le_rlod ('? ,2WC- for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .2 day of 20_10J, r JILL WEIDENBENER ►V Notary Public-State of Kansas Notary Public in and for the State of Kansas My Appt. Expires I-I -Zb0 (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. ACOR ,. CERTIFICATE OF LIABILITY INSURANCE DATE iosizooi PRODUCER (785)825-0286 FAX (785)825-5098 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurors & Investors, Inc. (1) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 217 S. Santa Fe ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 1213 Salina, KS 67402-1213 INSURERS AFFORDING COVERAGE INSURED Ballou Construction Co., Inc. INSURER A: The Travelers Ins. Co. P.O. Box 2300 INSURERB: Salina, KS 67402-2300 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY DTC0306K6600TIA0O 03/31/2001 03/31/2002 EACH OCCURRENCE $ 1,000,0001 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 300,000 CLAIMS MADE FKOCCUR MED EXP(Any one person) $ 5,00( A PERSONAL&ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,0O POLICYFX PRO LOC JECT r� AUTOMOBILE LIABILITY DT810306K6600TILOO 03/31/2001 03/31/2002 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 100000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY (PerraccidenDAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ r_9 AUTO ONLY: AGG $ EXCESS LIABILITY CUP306K6600TILOO 03/31/2001 03/31/2002 EACH OCCURRENCE $ 1,000,000 _k] OCCUR F-1 CLAIMS MADE AGGREGATE $ 1,000,000 A $ DEDUCTIBLE $ X RETENTION $ 10,00 $ WORKERS COMPENSATION AND UB306K660000 03/31/2001 03/31/2002 X TORY LIMITS I ER A EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 500,000 E.L.DISEASE-EA EMPLOYEE $ 500,000 E.L.DISEASE-POLICY LIMIT 1 $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE 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 City of Fort Worth, TX 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Transportation & Public Works Dept. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Throckmorton St. OF N KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AU RIZ DREPRESENTATIVE —ACORD 25-S(7/97) ©ACORD CORPORATION 1988 � � r 1 f 1 i� > 1 f 1 ► ! f � 1 l 1 I � q -0 1 ' -51/ --------------- PMS 2©B (BLUE) Qo Fop, THo ?- PMS 167 (COPPER) o � C�1 STREET MAINTENANCE PROGRAM Ln CONTRACTOR S NAME J L Ln TELEPHONE NUMBER PROJECT DESIGNATION SIGN i i MICROSURFACING (2001-5) STREET FROM TO TYPE MAP LM CD NW 22ND ST N MAIN ST ELLIS AV MIC 62K 0.88 2 ALLEN PLACE CT E CUL-DE-SAC ALLEN PLACE DR MIC 88B 0.09 3 ALLEN PLACE DR RIDGLEA COUNTRY CLUB D ALLEN PLACE DR MIC 88B 1.22 3 BATTLE CREEK CT N CUL-DE-SAC BATTLE CREEK RD MIC 88B 0.11 3 BATTLE CREEK RD RIDGLEA COUNTRY CLUB R FALLING SPRINGS RD MIC 88B 1.31 3 BATTLE CREEK RD RIVERRIDGE RD RIDGLEA COUNTRY CLUB D MIC 88B 0.26 3 BAYBERRY DR WESTERN CENTER BLVD LONGSTRAW DR MIC 35V 1.17 4 E BERRY ST MITCHELL BLVD VAUGHN BLVD MIC 78T 2.28 8 BLUE LAKE CT BLUE LAKE DR W CUL-DE-SAC MIC 65S 0.19 4 BLUE LAKE DR N CUL-DE-SAC I-30 SERV RD MIC 65S 1.22 4 BLUE SAGE RD BARWICK DR IVANHOE DR MIC 89P 0.44 3 BLUE SAGE CT W CUL-DE-SAC BLUE SAGE RD MIC 89P 0.11 3 CEDAR CREEK CT N CUL-DE-SAC N SUGAR LAKE RD MIC 65T 0.36 4 CHERRY LA WEST FRWY HIGHWAY 80 MIC 73R 3.75 3 CLINTON AV NW 20TH ST NW 23RD ST MIC 62K 1.02 2 CORAL CIR RIDGLEA COUNTRY CLUB D CITY LIMITS @4136 CORAL MIC 88E 0.44 3 ELLIS AV NW 20TH ST NW 23RD ST MIC 62K 1.47 2 EMERALD LAKE CT SAINT LAWRENCE RD S CUL-DE-SAC MIC 65W 0.11 4 EMERALD LAKE DR SAINT LAWRENCE RD WILLOW RIDGE RD MIC 65W 0.46 4 ERNEST CT E CUL-DE-SAC ALLEN PLACE DR MIC 88B 0.11 3 FALL RIVER DR LAKE LOUISE RD WILLOE RIDGE RD MIC 65X 0.39 4 FALLING SPRINGS RD STREAMWOOD RD TAMARACK RD MIC 88A 0.61 3 FLAT ROCK RD BLUE SAGE RD WENTWORTH ST MIC 89P 0.39 3 FLAT ROCK CT W CUL-DE-SAC BLUE SAGE RD MIC 89P 0.11 3. GRANITE SHOALS AV LAKE LOUISE RD WILLOW RIDGE RD MIC 65T 0.46 4 GREEN RIVER TRL E CUL-DE-SAC SAINT LAWRENCE RD MIC 65S 1.78 4 GREEN RIVER CT GREEN RIVER TRL W CUL-DE-SAC MIC 65S 0.06 4 S HULEN ST ALTAMESA BLVD SYCAMORE SCHOOL RD MIC 103A 4.26 6 IVANHOE DR WENTWORTH ST WESTHAVEN DR MIC 89P 0.74 3 KENWAY CT WESTHAVEN DR W CUL-DE-SAC MIC 89P 0.13 3 KEY WEST CT SOUTHRIDGE TRL N CUL-DE-SAC MIC 103H 0.12 6 LAKE CHARLES AV S GREEN RIVER TRL LAKE LOUISE RD MIC 65W 0.37 4 LAKE CHARLES AV N WILLOW RIDGE RD GREEN RIVER TRL MIC 65S 0.37 4 LAKE HAVASU TRL OAKLAND BLVD CHANDLER LAKE CT MIC 65S 0.44 4 MIC=Microsurfacing Tuesday,March 06,2001 MICROSURFACING (2001-5) STREET FROM TO TYPE MAP LM CD LAKE LOUISE RD SUGAR LAKE RD SAINT LAWRENCE RD MIC 65S 0.79 4 LAKE LOUISE CT SUGAR LAKE RD N CUL-DE-SAC MIC 65S 0.16 4 .,r LAS VEGAS TRL WEST FRWY HIGHWAY 80 MIC 73F 5.46 3 LASSEN CT WESTHAVEN DR W CUL-DE-SAC MIC 89P 0.13 3 LEDGESTONE CT E CUL-DE-SAC LEDGESTONE DR MIC 89N 0.17 3 LEE AV PROSPECT AV NW 25TH ST MIC 62F 1.3 2 MARBLE FALLS CT LAKE LOUISE RD W CUL-DE-SAC MIC 65S 0.11 4 MARBLE FALLS RD LAKE LOUISE RD WILLOW RIDGE RD MIC 65S 0.48 4 MEADOWS WEST DR S WOODBEND CT SHORECREST CT MIC 88K 0.8 3 *! MIRALOMA DR MIRAMAR CIR SERRANO DR MIC 88F 0.46 3 MITCHELL BLVD E ROSEDALE ST WICHITA ST MIC 92B 10.98 8 .. PAINT ROCK CT FLAT ROCK RD S CUL-DE-SAC MIC 89P 0.13 3 PARTRIDGE RD BARWICK ST WENTWORTH ST MIC 89P 0.87 3 RAINTREE CT BLUE LAKE DR W CUL-DE-SAC MIC 65S 0.12 4 RAINTREE RD BLUE LAKE DR BLUE LAKE DR MIC 65S 0.46 4 RIDGEROCK RD LEDGESTONE RD LEDGESTONE RD MIC 89S 0.6 3 RIDGLEA COUNTRY CLUB D CITY LIMITS @ 4009 RIDGLEA COUNTRY MIC 88E 0.04 3 RIVER BEND DR MEADOWS WEST DR SHORECREST CT MIC 88K 1.4 3 RIVERPORT RD RIDGLEA COUNTRY CLUB D S CUL-DE-SAC MIC 88B 0.04 3 RIVERRIDGE RD RIDGLEA COUNTRY CLUB D S CUL-DE-SAC MIC 88B 0.2 3 ROCK RIVER DR LAKE LOUISE RD WILLOW RIDGE RD MIC 65S 0.42 4 SAINT LAWRENCE RD BLUE LAKE DR WILLOW RIDGE RD MIC 65W 0.77 4 SOUTH CT SOUTHRIDGE TRL N CUL-DE-SAC MIC 103H 0.1 6 SOUTH RIDGE TRL MISTY MEADOW DR S CLEBURNE RD W MIC 103G 1 6 STONEY BRIDGE PL ACADEMY BLVD CHAPEL CREEK BLVD MIC 58X 1.75 7 STONEY CREEK RD FALLING SPRINGS RD TAMARACK RD MIC 88A 0.39 3 STREAMWOOD RD FALLING SPRINGS RD TAMARACK RD MIC 88A 0.39 3 SUTTONWOOD DR FARMERS BRANCH ST WHITE SETTLEMENT RD MIC 58Y 0.81 7 SYCAMORE SCHOOL RD CLEBURNE RD W S HULEN ST MIC 103K 2.64 6 TAMARACK CT N CUL-DE-SAC TAMARACK RD MIC 88A 0.13 3 TAMARACK RD RIDGLEA COUNTRY CLUB D STREAMWOOD RD MIC 88A 0.55 3 THREE RIVER CT GREEN RIVER TRL W CUL-DE-SAC MIC 65W 0.11 4 TIMBERLINE DR OLD MANSFIELD RD BENDRY ST MIC 91D 0.87 8 TIMBERLINE DR TRUELAND DR WICHITA ST MIC 92B 0.38 8 MIC=Microsurfacing Tuesday,March 06,2001 MICROSURFACING (2001-5) STREET FROM TO TYPE MAP LM CD TUMBLING TRL RIDGLEA COUNTRY CLUB D BATTLE CREEK RD MIC 88B 0.65 3 TUMBLING TRAIL CT TUMBLING TRL W CUL-DE-SAC MIC 88B 0.09 3 VIEW ST 3312 VIEW ST N AYERS AV MIC 78C 0.81 4 WAGON TRACK CT N CUL-DE-SAC SOUTH DR MIC 89N 0.26 3 WENTWORTH ST LEDGESTONE DR SOUTH DR W MIC 89P 0.74 3 WESTHAVEN DR BARWICK DR SOUTH DR MIC 89P 0.79 3 WESTHAVEN DR BARWICK DR BARWICK DR MIC 89P 0.55 3 WESTHAVENCT WESTHAVEN DR WCUL-DE-SAC MIC 89P 0.11 3 WHITE SETTLEMENT RD WESTVIEW AV CITY LIMITS-TR BRIDGE MIC 61W 6.25 7 WILLOW RIDGE RD GREEN RIVER TRL I-30 SER.RD MIC 65S 2.76 4 WILLOW RUN CT WESTHAVEN DR S CUL-DE-SAC MIC 89P 0.2 3 WINDRIVER CT E CUL-DE-SAC BATTLE CREEK RD MIC 88B 0.13 3 WINTERHAZEL DR N BEACH ST SILVER SAGE DR MIC 36S 1.08 4 Total Lane Miles 76.66 �r MIC=Microsurfacing Tuesday,March 06,200I MICROSURFACING (2001-5) Water and sewer line construction is currently in progress. Streets to be microsurfaced after pipe installation is complete. STREET FROM TO TYPE MAP LM CD E BEDDELL ST COLE ST I-35 HWY MIC 91K 0.61 9 E BERRY ST CANBERRA CT MITCHELL BLVD MIC 78S 0.75 8 BOCA RATON BLVD WOODHAVEN BLVD OAKLAND HILLS LA MIC 65T 2.07 4 _ BROWN DR OAK GROVE RD COLE ST MIC 91P 0.47 9 BRYAN AV W PAFFORD ST BOLT ST MIC 91E 0.52 9 GLENWICK DR SOUTHBROOK DR MONTROSE DR MIC 61F 0.4 2 E HAMMOND ST OLD BURLESON RD W DEADEND MIC 911 0.48 9 KLAMATH RD RIDGMAR BLVD W DEADEND MIC 74C 0.5 7 MAY ST W PAFFORD ST BOLT ST MIC 91E 0.52 9 MONTROSE DR 4T EAST OF SHEPHEARD DR SKYLINE DR MIC 61 E 0.38 2 +w NEWPORT CT E CUL-DE-SAC RIDGMAR BLVD MIC 74B 0.4 7 PAFFORD ST JONES ST I-35 MIC 9117 0.24 9 E PAFFORD ST S MAIN ST S JONES ST MIC 91E 0.37 9 W PAFFORD ST S MAIN ST MAY ST MIC 91E 0.29 9 PLAZA PKWY RIDGMAR BLVD LANDS END BLVD MIC 74F 1.33 7 PLEASANT ST THORNHILL DR W SPURGEON ST MIC 911 0.65 9 RAMEY AV HUGHES AV COLEMAN AV MIC 79N 0.43 5 RIDGMAR MEADOW RD TOWN SQUARE DR SH 183 MIC 74A 0.5 7 SAHARA PL BROADUS AV NE CUL-DE-SAC MIC 91K 0.31 8 SCHARF CT BONNIE DR W CUL-DE-SAC MIC 73V 0.13 3 SHEPHEARD DR MONTROSE DR GLENWICK DR MIC 61K 0.33 2 SOUTHBROOK DR GLENWICK DR SKYLINE DR MIC 61J 0.39, 2 TOWN SQUARE DR ALTAMERE DR RIDGMAR MEADOW RD MIC 74A 0.58 7 Total Lane Miles 12.65 MIC=Microsurfacing Monday,March 05,2001