HomeMy WebLinkAbout024998 - Construction-Related - Contract - Ballou ConstructionCITY SECRETARY �)
CONTRACT NO. l
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
MICRO -SURFACING 99-5
AT VARIOUS LOCATIONS
IN THE CITY OF FORT WORTH, TEXAS
PROJECT NC). GS93-020930522040
1999
KENNETH L. BARR
MAYOR
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-__._--TIPM - - FiLE COPY
BOB TERRELL
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"
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CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM No.1
TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
Micro -Surfacing (99-5)
PROJECT No. GS -93-020930522040
The contract and documents for the subject project are hereby revised or amended as the following:
The primary purpose of this addendum is to replace the section called Contract with the attached revised
section.
1. SECTION: CITY OF FORT WORTH, TEXAS
CONTRACT
Paragraph No. 6 of the contract has been revised, see attached revised contract.
RECEIPT ACKNOWLEDGE:
By:
George A. Behmanesh,P.E.
Assistant Director, T/PW
By:
aj N. Fres, P.E.
Infrastructure Engineer
0 . CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
0 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
THIS agreement made and entered into this the daY of 1999
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.r.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
HEREINAFTER CALLED Contractor.
WITNESSETH: That said parties have agreed as follows:
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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:
Designated as project number,
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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 all the Plans, Specifications and Contract Documents prepared by the
Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of
the City of Fort Worth, which Plans, Specifications and Contract Documents are hereto attached and
made a part of this contract the same as if written herein.
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3.
The Contractor hereby agrees and binds himself to commence the construction of said work
fl within ten (10) days after being notified in writing to do so by the Department of Engineering of the
City of Fort Worth.
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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 working days.
If the Contractor should fail to complete the work as set forth irt.th_Q.-P.Jans, 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 $ 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, and does hereby indemnify, hold harmless and defend,
at its own expense, Owner, its officers, agents, servants and employees, from and against any and
all claims or suits for property damage or loss and/or personal injury; including death, to any and all
persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection
with, directly or indirectly, the work and services to be performed hereunder by Contractor, its
officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or
in part, by the alleged negligence of the officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees of the City; and said Contractor does hereby covenant and
agree to assume all liability and responsibility of City, its officers, agents, servants, and employees
for any and all claims or suits for property loss or damage, and/or personal injury, including death, to
any and all persons of whatsoever kind of character, whether real or asserted, arising out of or in
connection with, directly or indirectly, the work and services to be performed hereunder by
Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not
caused, in,.whole or in part, by the alleged negligence of the officers, agents, servants, employees,
contractors;. subcontractors, licensees and invitees of the City. Contractor likewise covenants and
agrees to, and does hereby, indemnify and hold harmless City from and against any and all injuries,
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fl damage, loss or destruction to property of City during the performance of any of the terms and
Li conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or
in part, any and all alleged acts or omissions officers, agents, servants, employees, contractors,
asubcontractors, licensees, or invitees of Owner.
In the event a written claim for damages against the Contractor or its subcontractors remains
fl unsettled at the time all work on the project has been completed to the satisfaction of the Director of
the Transportation and Public Works Department, as evidenced by final inspection, final payment to
the Contractor shall not be recommended , by the Director of the Transportation and Public Works
fl Department for a period of thirty (30) days after the date of such final inspection, unless the
Li Contractor shall submit written evidence satisfactory to the Director that the claim has been settled
and a release has been obtained from the claimant involved.
If the claims concerned remain unsettled at the expiration the above 30 -day period, the Contractor
may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment
Uto be in the amount equal to the total dollar amount then due less the dollar value of any written
claims pending against the Contractor arising out of the performance of such work, and such semi-
final payment may then be recommended by the Director.
The Director shall not recommend final ra payment to a Contractor against whom such a claim f py g ai o
damages is outstanding for a period of six months following the date of the acceptance of the work
performed unless the Contractor submits evidence in writing satisfactory to the Director that:
(1) The claim has been settled and a release has been obtained from the claimant
involved, or
(2) Good faith efforts have been made to settle such outstanding claims, and such good
faith efforts have failed.
If condition (1) above is met -at any time within the six -(6) month period, the Director shall recommend
that the final payment to the Contractor be made. If condition (2) above is met at any time within the
six -(6) month period, the- Director may recommend that the final payment to the Contractor be made.
aAt the expiration of the six-month period, the Director may recommend that final payment be made if
all other work has been performed and all other obligations of the Contractor have been met to the
satisfaction of the Director.
0 The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth
Contract work from a Contractor against whom a claim for damages is outstanding as a result of work
performed under a City Contract.
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7.
fl 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
alabor 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
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pthe Contract Documents, and such bonds shall be One Hundred 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.
III
fl Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid
LI 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 shall be:
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It is further agreed that the performance of this Contract, either in whole or in part, shall not be
sublet or assigned to anyone else by said Contractor without the written consent of the Director of the
Department of Engineering.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is
0 classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached
hereto and made a part hereof the same as if it were copies verbatim herein.
0 11.
fl The Contractor shall procure and shall maintain during the life of this contract insurance as
specified in paragraph 8 of the Special Instructions to Bidders of the Contract Documents.
0 _ 12.
It is mutually agreed and understood that this agreement is made and entered into by the
0 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.
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IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in
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
counterparts with its corporate seal
attached.
Done in Fort Worth, Texas, this the
day of , 1999.
RECOMMENDED:
CITY OF FORT WORTH
BY:
DIRECTOR, DEPARTMENT OF
CITY MANAGER
ENGINEERING �__�_. _._.._�. ..__..___.._.......__._._..._..
.. _..... _
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APPROVED:
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DIRECTOR, TRANSPORTATION AND
PUBLIC WORKS
ATTEST:
(CONTRACTOR)
CITY SECRETARY
(SEAL)
BY:
(REPRESENTATIVE)
(TITLE)
APPROVED AS TO FORM AND
(ADDRESS)
LEGALITY:
D
(CITY/STATE/ZIP)
CITY ATTORNEY
1960
DNovember
Revised May 1986
Revised September 1992
Revised January 1993
aRevised
April 1999
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
MICRO -SURFACING 99-5
AT VARIOUS LOCATIONS
IN THE CITY OF FORT WORTH, TEXAS
PROJECT NO. GS93-020930522040
1999
Aje* A&?/tJUAi-
L/ (
A. DOUGLAS RADEMAKER, P.E.
DAT
DIRECTOR, DEPARTMENT OF ENGINEERING
LOQk2L
GEORGE A. BEHMANESH, P.E.
DATE
ASSISTANT DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
&
DOO KIM, P.E.
DATE
CAPITAL PROJECT ENGINEER
JqWFERNUS, P.E.
DATE
A ISTANT DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
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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
15.
Details
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9 NOTICE TO BIDDERS
0 Sealed proposals for the following project:
MICRO -SURFACING 99-5
9 AT VARIOUS LOCATIONS
PROJECT NO. GS93-020930522040
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., May 6, 1999 and then publicly opened and read aloud at
9 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.
fl A pre -bid conference will be held at 9:00 A.M. April 20, 1999 in the Transportation and Public
Works Conference Room, 2nd Floor, Municipal Building.
9 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
�j twenty dollars ($20.00) per set.
0 For additional information, contact Mr. Najib Fares at (817) 871-7802.
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BOB TERRELL
aCITY MANAGER
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0 PUBLICATION:
April 8, 1999
DApril 15, 1999
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Hugo Malanga, P.E., Director
Transportation and Public Works Department
By: #W,
Najib ares, P.E.
Infrastructure Engineer, TPW
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aSPECIAL
INS'I'1RUCTION TO BIDDERS
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1311) 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.
'1'o be an acceptable surety on the bond, (I) 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.
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.
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 the 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
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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.
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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.
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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
contractor shall immediately provide a new surety satisfactory to the City.
If the contract amount is in excess of $25,000 a Payment Bond shall be executed, in the amount of the
contract, solely for the protection of all claimants supplying labor and materials in the prosecution of
the work.
If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount
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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.
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3. L�UIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of
"General
the Provisions" of the Standard Specifications for Construction of the City of Fort Worth,
Texas, concerning liquidated damages for late completion of projects.
a4.
AMBIGUITY: In case of ambiguity lack in in
or of clearness stating prices the proposal, the City
reserves the right to adppt the most advantageous construction thereof to the City or to reject the
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proposal.
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
discrimination in employment practices.
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6. WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated
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Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established
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by the City of Fort Worth, Texas and set forth in Contract Documents for this project.
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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.
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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
to request any other insurance coverages as may be required by each individual project.
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NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort
Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the
lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident
bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in
which the nonresident's principal place of business is located.
"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.
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
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.
Failure to comply shall render the bid non -responsive.
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
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
misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in
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the Contractor being determined to be irresponsible and barred from participation in City work for a
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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
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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
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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.
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-
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responsive.
14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
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A. Workers Compensation Insurance Coverage
a. Definitions:
DCertain
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,
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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.
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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.
UPersons
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
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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.
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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
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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
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awarded the contract.
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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.
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
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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
Q of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter.
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6 notify the entity in wiring ( ) governmental by certified mail or personal delivery,
within ten (10) days after the person knew or should have known, of any change that
O materially affects the provision of coverageof 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.
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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
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misleading information may subject the contractor to administrative, criminal, civil
penalties or other civil actions.
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The contractor's failure to comply with any of these provisions is a breach of contract by
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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.
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This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal
type, and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text, without any additional words or
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changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE"
The law requires that each person working on this site or providing services related to this construction
project must be covered by worker" compensation insurance. This includes persons providing, hauling
or delivering equipment or materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage,
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or to report an employer's failure to provide coverage".
15. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons
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because of sex, race, religion, color, or national origin and shall comply with the provisions of City
Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through
13A-29), prohibiting discrimination in employment practices.
p16.
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,
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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.
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aContractor
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
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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.
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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
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and/or conditions of employment for applicants for employment with, or current employees of
Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable
federal state and local laws concerning disability and will defend indemnify and hold City harmless
against any claims or allegations asserted by third parties against City arising out of Contractor's
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alleged failure to comply with the above -referenced laws concerning disability discrimination in the
performance of this Contract.
Revised March 15, 1996
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CITY OF FORT WORTH
HIGHWAY CONTRUCTION
PREVAILING WAGE RATE FOR 1999
CLASSIFACTION HOURLY RATE
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AIR TOOL OPERATOR
$9.00
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ASPHALT RAKER
9.55
ASPHALT SHOVELER
8.80
aBATCHING
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
FORM SETTER -STRUCTURES
9.24
9.09
LABORER -COMMON
7.32
LABORER -UTILITY
8.94
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MECHANIC
12.68
OILER
10.17
SERVICER
9.41
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PAINTER -STRUCTURES
11.00
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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
CONCRETE PAVING JOINT SEALER
10.42
9.00
CONCRETE PAVING SAW
10.39
CONCRETE PAVING SPREADER
10.50
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SLIPFORM MACHINE OPERATOR
9.92
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CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL
11.04
FOUNDATION DRILL OPERATOR CRAWLER MOUNTED
10.00
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FOUNDATION DRILL OPERATOR TRUCK MOUNTED
11.83
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FRONG END LOADER
9.96
MILLING MACHINE OPERATOR
8.62
MIXER
10.30
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MOTOR GRADER OPERATOR FINE GRADE
11.97
MOTOR GRADE OPERATOR
10.96
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CLASSIFACTION
CITY OF FORT WORTH
HIGHWAY CONTRUCTION
PREVAILING WAGE RATE FOR 1999
HOURT,V RATE
PAVEMENT MARKING MACHINE
7.32
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ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS
9.06
ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING
8.59
ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER
8.48
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SCRAPER
9.63
TRACTOR -CRAWLER TYPE
10.58
TRACTOR -PNEUMATIC
9.15
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TRAVELING MIXER
8.83
WAGON -DRILL, BORING MACHINE
12.00
REINFORCING STEEL SETTER PAVING
13.21
DIN
REFORCING STEEL SETTER STRUCTURES
1.3.31
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
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TRUCK DRIVER -WINCH
VIBRATOR OPERATOR -HAND TYPE
9.00
7.32
WELDER
11.57
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PROPOSAL
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TO: MR. BOB TERRELL Fort Worth, Texas
City Manager
Fort Worth, Texas
FOR: MICRO -SURFACING 99-5
(POLYMER MODIFIED)
AT VARIOUS LOCATIONS
PROJECT NO. GS93-020930522040
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, andlhere`5y -----
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.
Upon acceptance of this proposal by the City Council, the bidider 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 13ID 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
OS.P. 2 230,000 S.Y. Micro -Surfacing "Polymer
Modified" @
Q Dollars &
�:J 4 ; ve Cents Per S.Y. . 9 5 $ y 5, 5iX.
300 3 100 C.Y. H.M.A.C. Base Repair @
S.P. Dollars &
�yCents Per C.Y. $ I p. $ /3JOa.
300 4 100 Ton H.M.A.C. evel-Up @
312 On the 'e d Dollars &
Uva Cents Per Ton $ iao.'- O aro.
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SP 5 2,800 Ea.
4" White Body Non Reflector
Button Type W-4@
r a Dollars &
a
w& Cents Per Ea.
$ 3. 00
gyp,
SP 6 700 Ea.
4" White Body One Face Crystal
Reflector Button Type I C-4 @
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F0,« r Dollars &
A/a Cents Per Ea.
, lr' G
O.
U.
SP -7 10 Ea.
--Stop Bar
Ti" rn4c/ Dollars &
a
iv. Cents Per Ea.
$ 2 GO.
$ d!%O,
SP 8 8,400 Ea.-
4" Yellow Body Non Reflector
Button Type Y-4
e c e Dollars &
it/. Cents Per Ea.
3. Ga
$
SP 9 1,400 Ea.
4" Yellow Body - Amber Reflector
Button Type II AA -4
t-aur Dollars &
Al, Cents Per Ea.
$ '9. UO
$
SP 10 5 Ea. RR Crossing Lane Markers
Onc
ok.sand Dollars &
Cents Per Ea.
$ I Ooo.
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TOTAL BID y 9,) 9
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i.1 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. Al
l I 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
fl Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment
practices.
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The undersigned agrees to complete all work covered by these contract documents within Forty
Five (45) Working Days -€rarer -and after the date for commencing -work-as-'seet farttrin 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 Bo9d for the faithful performance of this
contract. The attached deposit check in the sum of S % of rc TA . /J1
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.
I (we), acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have een taken into consideration in preparation of the
foregoing bid:
Addendum No. 1 (Initials) 1 !L—.
Addendum No. 2 (Initials)
Addendum No. 3 (Initials)
(Seal)
Date: ,1i4V b, /9 99
P-3
Respectfully submitted,
By:
Address:Po. t3or 3eo
SA�/•t/�l..: ,ds,-S 99o.Z-z3ao
Telephone: (is5) f S---S3o3
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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
of business, are required to be
(give state), our principal place
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. ❑
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Bidder:
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ALL o J 64;? deJ 7 o.d 60. ZWC.
Company
f.0. 6aX 23ao
Address
7AJ,4 %,4 ,O U. ,k g 1 1 E /J
By (Ple e Print)
Signature
,5i bM# . ki9WY4S 67`fo.2..23oO yc_ P,etsroOEN7-
City/State/Zip Title (Please Print)
I
City of Fort Worth
Minority and,:Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
MOIL-
,. xY:4 YYA••fiY .fi.: v{: •vv}}. JUt+ry.w...+5v\fivr:}}}]0:•Y.,;..,vbY.;.. v. `Y..,.:... s•.};.}}•F.;v.;•;•;3yjr,C};•4 Yv }vh:•}}.Y.... y.}v.. •'!. {{{.k;x• }y{{: •.;• }Y{ S+Y?•••••
pClz�r r pf#Ns.' t?aj ax at�irt��ri Je' f`gt?cii}A:}+..+. n..PY'9m;5+4.'yir:;'+G9V: {..+#v{ice•.Nv, 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_iLalLgoods and services to the City on contractual.basisr -=,. _,
The objective of the Policy is to increase the use of M/WBE firms to a level comparable to, the availability"of ,'. `'
qualified MMBEs which provide goods and services directly or indirectly to the City
M/WBE PROJECT
T GOALSU;_
t The City's MBEI BE minimum goal on this project is % of the total dollar value of the contract 11 :
COMPLIANCE TO BID SPECIFICATIONSfl
On City contracts .of $25,000 ,or more, bidders are required to comply with the intent of the City's MI BE
Ordinance by either of the following
454)5•_
r•�t It t x >< w t r ,.i t K t,t s•i • f i
�, .�'`; t-'i,,z,t " 'kip' r , 't:. �...'.'..• r �q�r?n' .. ,..'° ..,,"'�..'t! i• i eE ,x�'` rT `gyp r-;� �`r�...> ; �i.+r
. , I Meet or exceed the above stated minimum M/WBE goals, or.
' ; t 2. Good Faith Effort documentation, or;
3., Waiver documentation.
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fl SUBMITTAL OF REQUIRED DOCUMENTATION
`- • 4 < "' x F } 4 `
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.
•' r 1 M/WBE Affidavit Statement ! r�ceived with the bid documents on bid opening date J A
2 ..M/WBE Utilization Form: , r ceived by 5:00 p.m., five '(5) City business days after bid
pening.
`;•`, ; 3 Prime Contractor Waiver Form received by 5:00 p.m., five (5) City `business days after bid
pening: ,. ,. F , r - i fix ,w �� ,, f , r�,�t .'
4 5 .i ➢ � *' i ' % 9 f � 1 �'. , �, - F i ....,w ^ "<` h , p)� yr#'. ' J ' #S d 4 !r c.i. V h 1 l
t , f, i t ,., � t 1 ra`rr�'t $ -✓ ., ', 4 , � 3'• k +' v< , J r , t: ,,, � � � �i � r
4 :' Good • Faith Effort Form: f irk "T 'received by 5:00 p m:, fiv&(5) City, business days after bid
pening.
''� nt M1 '� t ',1 L G Yrt +i s.: -'C , .'.� M ..".t tip 't.e'S •F'.�Ar r� h 1u ,'r 5 in1^� lid. i' �.,.
"fr � _,�, rx. i� �r �,
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fl,t ,�• ar,f ly ..,y � ✓•t,._ '4ii � 7 %;° r ' S".' r .r. i, "'', ₹t,W' ` �,,• e�ryy, Y` t ;t• e .
AT•.....................5Af�, I 11S�
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1 Tr r t, x 4 Yi 1' jr 1 4 dkyb S!ri
' ' �s ' ! rAny ,questions, please contact the MIWBE Office at (897) 879-6104 yp tt "�1 3 � R
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City of Fort Worth
U . Minority and Women Business Enterprise Specifications :A " ^
Affidavit Statement
ProjectName (/I,e�P6 Sve? r.¢c'.JC.- 9? -5
Project No GS
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[1_ ,,The undersigned bidder hereby certifies that they will comply with the City's $$'
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MIWBE Ordinance and -the •specifications of this bid.in-the-following manner
[check the most appropriate number(s)]
y' .._ �, I xi�'z ; y ,�f • "f o. ' ,, . r ... �_<= 3 a x�, �, -A ' I t`�d, 4+�e� e"..=.� a� �+t,�v t',{�r�y)�' a
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4. (_ THE MIWBE PARTICIPATION WILL MEET OR EXCEED THE STATED GOAL, ' §>
' WILL COMPLETE THE MIWBE UTILIZATION FORM.
4!:. y>,;. , ,.._za <, ,•� - »,.. rt •• .."- t+ue `# ,� -. ,=,.; n t•� s v a'T�' t rP
,. , , 2 THE MIWBE PARTICIPATION WILL BE LESS THAN THE STATED GOAL; WILL
COMPLETE THE UTILIZATION FORM AND GOOD FAITH EFFORT FORMI.J
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' 3 t t NO MIWBE PARTICIPATION, WILL COMPLETE GOOD FAITH EFFORT FORM
4 NO SUBCONTRACT OR SUPPLIER OPPORTUNITIES AVAILABLE,: . P R WILL:
COMPLETE THE PRIME CONTRACTOR WAIVER FORM."�
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ATTACHMENT IA
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City of Fort Worth
Minority 'and Women Business Enterprise Specifications
BE!WBE UTILIZATION .
,c�AZ.cor1 Co,ysyfycTioAJ t_1�, -r(vc .
U PRIME COMPANY NAME
C; PROJECT, NAME . :
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BID DATE
�s93-:a9o9305zia5�o ;, ,i
PROJECT NUMBER
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(TXDOT) Texas Department Transportation(Highway(Division
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ATTACHMENT IA
11
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City`of Fort Worth
Minority and Women Business Enterprises Specifications • •'
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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 andlorJexa'mination 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[J lJ�;
willful misrepresentation will be grounds for terminating the contractor debarment from City work for,;
a period of not less than three (3) years and for initiating action under Federal, State or Local lavers .ar`
:concerning false°statements. « `_ •
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LI
CITY OF FORT WORTH, TEXAS
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
U U
SPECIAL PROVISIONS
Li(POLYMER
MICRO -SURFACING 99-5
MODIFIED)
AT VARIOUS LOCATIONS
PROJECT NO. GS93-020930522040
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.
Additional locations may be adde to this contract, locations will be determined in the field.
Total quantities given in the bid roposal may not reflect actual quantities, but represent the
flbest accuracy based on a reaso able effort of investigation; however, they are given for the
purpose of bidding on and award ng the contract.
LI2. Contract will be awarded to the I west responsible and responsive bidder.
fl3. The Contractor agrees to comp) to the Contract within the allotted number of days. If the
Contractor fails to complete .tle work within the number of days specified, liquidated
Q damages shall be charged, as utlined in Part 1, Item 8, Paragraph 8.6, of the "General
Provisions" of the Standard Spe ification for Construction of the City of Fort Worth, Texas.
fl 4. The City reserves the right to aLandon, without obligation to the Contractor, any part of the
project, or the entire project, at ny time before the Contractor begins any construction work
authorized by the City.
5. This contract and project are go erned 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
fl STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH
CENTRAL TEXAS
0 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
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pay item by the designer. If not shown, then applicable published specifications in any of
Li these documents may be followed at the discretion of the Contractor. General Provisions
shall be those of the Fort Worth document rather than Division I of the North Central Texas
document.
6. 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
8. 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,
1,1 29, 30 and 31.
4J 4J 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 F ivision (phone number 871-8075), to
remove the sign. In the case of regulatory signs, the Contractor must replace the
fl permanent sign with a temporary sign meeting the requirements of the above referenced
manual and such temporary sign must be installed prior to the removal of the permanent
sign. If the temporary sign is not installed correctly or if it does not meet the required
specifications, the permanent sign shall be left in place until the temporary sign
requirements are met. When construction work is completed to the extent that the
permanent sign can be 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
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athe final payment, and upon acceptance of the project.
10. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the
awork, except when direct and unavoidable extra cost to the Contractor is caused by the
failure of the City to provide information or material, if any, which is to be furnished by the
City. When such extra compensation is claimed a written statement thereof shall be
presented by the Contractor to the Engineer and if by him found correct shall be approved
and referred by him to the Council for final approval or disapproval; and the action thereon
by the Council shall be final and binding. If delay is caused by specific orders given by the
Engineers to stop work, or by the performance of extra work, or by the failure of the City to
provide material or necessary instructions for carrying on the work, then such delay will
entitle the Contractor to an equivalent extension of time, his application for which shall,
however, be subject to the approval of the City and no such extension of time shall release
D 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.
J 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".
J 12. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoiVfill material, the
contractor shall advise the Director of the Department of Engineering acting as the City of
J Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the
contractor intends to dispose of such material. Contractor shall not dispose of such
material until the proposed sites have been determined by the Administrator to meet the
requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056).
All disposal sites must be approved by the Administrator to ensure the filling is not
J 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
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its expense and dispose of such materials in accordance with the Ordinance of the City and
this section.
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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 sche�Jule outlining the anticipated time each
phase of construction will begin and be completed, including sufficient time being allowed
for cleanup.
17.
The following procedures will be followed regarding �he subject item on this contract:
(1) A warning sign not less than five inches by even 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 red as follows:
"WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET
OF HIGH VOLTAGE LINES."
(2) Equipment that may be operated within ten feet of high voltage lines shall have an
insulating cage -type of guard about the boofr or arm, except back hoes or dippers,
and insulator links on the lift hood connectio s.
I
(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 rec�rd action taken in each case.
(4) The Contractor is required to make arrangements with the TU Electric Service
Company for the temporary relocation o�- raising of high voltage lines at the
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DContractor's sole cost and expense.
(5) No person shall work within six feet of a high voltage line without protection having
Qbeen 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
a 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 hourstoal
l
D 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.
j' (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the
U 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
9 directly pertinent books, documents, papers, and records of such subcontractor, involving
transactions to the subcontract, and further, that City shall have access during normal
working hours to all 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
Control" shall apply. However, no direct payment will be made for this item and it shall be
considered incidental to this contract.
PAY ITEM NO. I - 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.
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The quality of the paint, painting, and lettering on the signs shall be approved by the
Engineer.
9 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,
9 furnishing the materials, supports and connections to the support, and maintenance shall be
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):
9 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.
9 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,
U 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
9 BASE:
The contractor is to remove all existing deformed H.M.A.C. pavement and/or bad base
J 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
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
J 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
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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.
aHowever, 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
0 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
adensities 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
fJEmulsions", 304 "Prime Coat", and 312 "Hot -Mix Asphaltic Concrete" shall govern work.
The unit price bid per cubic yard shall be full compensation for all materials, labor,
D equipment and incidentals necessary to complete the work.
aPAY ITEM NO.4 - H.M.A.C. LEVEL UP:
This item shall be used to fill ruts, depression prior to placing the Micro -Surfacing layer
awhere needed as directed by the Engineer in the field.
All applicable provisions of Sta dard Specification Item Nos. 300 "Asphalts, Oils, and
Emulsions", 304" prime coat", an 312 "Hot -Mix Asphaltic Concrete" shall govern work.
9 The unit price bid per ton shall be full compensation for all materials, labor, placing,
equipment, cleaning and incidentals necessary to complete the work.
DPAY ITEM NO. 5. 6, 7, 8, 9 AND 10 - BUTTON AND STOP BAR AND LANE MARKERS:
These items shall be including
U
he furnishing and installation of Traffic Buttons and Stop
Bar, RR crossing Lane Markers
vithin the limit of Seminary Drive as shown on the plans.
9 Contractors shall contact Transportation
and Public Works Department, Signs and Marking
Division (Phone No. 871-7861),
r specification.
The bid
unit price per each sha
I be full compensation for all labor, materials, equipment,
tools and incidentals necessary t
complete the work.
I
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TECHNICAL SPECIFICATIONS
MICRO -SURFACING
(POLYMER MODIFIED)
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.
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 --
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0 *The standard distillation procedure shall be modified as follows:
The temperature on the lower thermometer shall be borough slowly to 350 plus or
a 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.
0 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
Dpercent when sodium sulfate is used or 25 percent when magnesium sulfate is used
in accordance with Test Method Tex -41 1 A.
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C.
D
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-F, Part I, the
gradation requirements shall be as follows:
Grade 2
(Course Graded Surface Course)
Passing 3/8" sieve
Passing No. 4 sieve
Passing No. 8 sieve
Passing No. 16 sieve
Passing No. 30 sieve
Passing No. 50 sieve
Passing No. 200 sieve
2.
Mineral Filler: Mineral
cement which is free of
Water: The water shall be potable and
Modifier: An approved latex modifier,
equal, along with special emulsifiers sh:
distillation residue of the modified emuls
rubber solids by weight, as determined
Engineer. The emulsion supplier shall
asphalt and latex modifier used in the fin
Percent Aggregate Passing
By Weight
99-100
86-94
45-65
25-46
15-35
20-25
5-15
shall be non -air -entrained Portland
of foreign matter.
be free of harmful soluble salts.
:h as Dynatex Latex or other approved
be milled into the asphalt emulsion. The
i shall contain a minimum of 2.0 percent
/ an analytical method approved by the
nish the Engineer samples of the base
ed emulsion.
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The modified emulsified asphalt shall be so formulated that when the paving mixture
9
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.
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PAVING MIXTURE:
0 A. Mixture Design: The mix shall be designed by the Contractor in accordance
Li 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
flplacement 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
fl testing will be determined by the Engineer. The Contractor shall be
U responsible for payment of all testing, prior to materials being placed.
aThe 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
Li 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.
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aMineral Filler - 1.5 to 3.0 percent of dry weight of aggregate.
0 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,
D fine aggregate, and asphaltic material. Mineral filler and/or additives may also be
required.
flThe 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
0 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.
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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
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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
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Passing No. 200 sieve
Plus or minus 2
Dby
Asphalt Material
Plus or minus 0.5
weight or 1.2
by volume
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4. EQUIPMENT: All equipment for the handling of all materials and mixing and placing of the
Umixture 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
Qbe 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.
C� 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 property marked.
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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
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 furni hed 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.
DB. Storage and Heating of Asphaltic Materials: The asphaltic material storage shall be
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D 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
0 fla clean condition at all times and shall be operated in such a manner that there will
be no contamination with foreign matter.
0 C. Storage Location: It shall be the responsibility of the Contractor to provide storage
locations for materials, at no cost to the City.
0 6. CONSTRUCTION METHODS:
fl A. General: It shall be the responsibility of the Contractor to produce, transport, and
LI 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
fl temperature is at least fifty (50) degrees F and rising and the weather is not foggy or
rainy.
C. Surface Preparation:
UI. The area to be sealed shall be thoroughly cleaned of all vegetation, loose
aggregate, and soil.
0 2. Water used shall be applied at a rate to dampen the entire surface without
any free flowing water ahead of the spreader box.
D3. 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
mo a 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
Dcost to the City.
6. All 2 ft. x 8 -ft. longitudinal crosswalk bars shall be removed from the existing
9pavement prior to placing micro -surfacing.
nD. Spreading Equipment: The paving mixture shall be spread uniformly by means of a
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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 o micro -surfacing operation and schedules. Such notice
shall be given at least 48 Fours before the work begins.
G. Traffic Control: It shall bE
traffic control measures,
uncured micro -surface fi
construction area. Advar
shall be in accordance wit
the responsibility of the Contractor to provide adequate
;uch as barricades, flagment, cones, etc., to protect the
)m all types of traffic and provide traffic safety in the
;e warning signs and barricades will be necessary. This
i the City of Fort Worth Work Area Traffic Control Manual.
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CITY OF FORT WORTH, TEXAS
CONTRACT
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THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the 22"d day of June , 19 99
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 Co., 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 99-5
Designated as project number, GS93-020930522040 .
2.
That the work herein contemplated shall consist of furnishing as an independent contractor
all labor, tools, appliances and materials necessary for the construction and completion of said
project in accordance with the Plans and Specifications and Contract Documents prepared by the
Department of Engineering for the Transportation and Public Works Department of the City of Fort
Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and
Contract Documents are hereto attached and made a part of this contract the same as if written
herein.
3.
The Contractor hereby agrees and binds himself to commence the construction of said
work within ten (10) days after being notified in writing to do so by the Department of Engineering
of the City of Fort Worth.
4.
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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 Forty Five (45) 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 $ 210.00 per calendar day, not as a
penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for
such deficiency.
5.
Should the Contractor fail to begin the work herein provided for within the time herein fixed
or to carry on and complete the same according to the true meaning of the intent and terms of
said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either
demand the surety to take over the work and complete the same in accordance with the Contract
Documents or to take charge of and complete the work in such a manner as it may deem proper,
and if, in the completion thereof, the cost to the said 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.
Contractor covenants and agrees to, and does hereby indemnify, hold harmless and
defend, at its own expense, Owner, its officers, agents, servants and employees, from and
against any and all claims or suits for property damage or loss and/or personal injury, including
death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising
out of or in connection with, directly or indirectly, the work and services to be performed hereunder
by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees,
whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants and
employees, contractors, subcontractors, licensees and invitees of the City; and said Contractor
does hereby covenant and agree to assume all liability and responsibility of City, its officers,
agents, servants and employees for any and claims or suits for property loss or damage, and/or
personal injuries, including death, to any and all persons of whatsoever kind of character, whether
real or asserted, arising out of or in connection with, directly or indirectly, the work and services to
be performed hereunder by Contractor, its officers, agents, servants, employees, contractors,
subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged
negligence of officers, agents, servants, employees, contractors, subcontractors, licensees and
invitees of the City. Contractor likewise covenants and agrees to, and does hereby, indemnify
and hold harmless City from and against any and all injuries, damages, loss or destruction to
property of the City during the performance of any of the terms and conditions of this Contract,
whether arising out of or in connection with or resulting from, in whole or in part, any and all
alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors,
licensees, or invitees of the Owner.
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In the event a written claim for damages against the Contractor or its subcontractors remains
unsettled at the time all work on the project has been completed to the satisfaction of the
Department of Engineering, as evidenced by final inspection, final payment to the Contractor shall
not be recommended by the Department of Engineering to the Transportation and Public Works
Department for a period of thirty (30) days after the date of such final inspection, unless the
Contractor shall submit written evidence satisfactory to the Department of Engineering that the
claim has been settled and a release has been obtained from the claimant involved.
If the claim concerned remains unsettled at the expiration the above 30 -day period, the Contractor
may be deemed to be entitled to a semi-final payment for work completed, such semi-final
payment to be in the amount equal to the total dollar amount then due less the dollar value of any
written claims pending against the Contractor arising out of the performance of such work, and
such semi-final payment may then be recommended by the Department of Engineering.
-
The Director of the Department of Engineering shall not recommend final payment to a Contractor
against whom such a claim for damages is outstanding for a period of six months following the
date of the acceptance of the work performed unless the Contractor submits evidence in writing
satisfactory to the Director that:
(1) The claim has been settled and a release has been obtained from the claimant
involved, or
(2) Good faith efforts have been made to settle such outstanding claims, and such
good faith efforts have failed.
If condition (1) above is met at any time within the six (6) months period, the Department of
Engineering shall recommend that the final payment to the Contractor be made. If condition (2)
above is met at any time within the six (6) month period, the Department of Engineering may
recommend that the final payment to the Contractor be made. At the expiration of the six month
period the Director may recommend that final payment be made if all other work has been
performed and all other obligations of the Contractor have been met to the satisfaction of the
Department of Engineering.
The Department of Engineering may, if he deems it appropriate, refuse to accept bids on other
City of Fort Worth Contract 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
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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
Li the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount
(including/excluding) alternates shall be
Four Hundred Ninety Nine Thousand, Nine Hundred Dollars and No Cents
$499,900.00
9.
It is further agreed that theperformance 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
Elof the Department of Engineering.
a 10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same
is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached
Li hereto and made a part hereof the same as if it were copies verbatim herein.
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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 WITNESSETH 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.
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aDone in Fort Worth, Texas, this the 22nd day of June , 19 99
RECOMMENDED: CITY OF FO TWO H
EJ DIRECTOR, DEPARTMENT OF ASSISTANT CITY MANAGER
ENGINEERING
APPROV D:
DIRECT , SPORTATION-AND.
PUBLIC WORKS
L! 2.4LL.oci (nJ57Z/eTo,) r o..,, c. ATTEST:
(Contractor)
aJ CITY ECRETARY
(SEAL)
BY:
(Representative)
U.
yic P,,'EN r-
(TITLE)
0 . &'XZ300 300 APPROVED AS TO FORM &
(Address) LEGALITY:
�54Q �✓ . ,<�c/J,45 67yd.2 — X3OO
a(City/State/Zip) ASSIS NT CITY ATTORNEY
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a November 1960
Revised May 1986
Revised September 1992
Revised January 1993
DRevised April 1999
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Contract Authorization
-2-99
Date
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Done in Fort Worth, Texas, this the 22nd day of June , 19 99 .
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RECOMMENDED:
ZCpl i-
DIRECTOR, DEPARTMENT OF
ENGINEERING
/''- (thTiFJC'Tio�) (z&
(Contractor)
BY:
(Representative)
(//CE3d Ei✓ t
(TITLE)
(Address)
5i4 -L/ All. x,Jl4.S 67yo� -• 2300
(City/State/Zip)
November 1960
Revised May 1986
Revised September 1992
Revised January 1993
Revised April 1999
CITY OF FO TWO H
ASSISTANT CITY MANAGER
APPROV D:
DIRECT - PORTATION AND- ------
PUBLIC WORKS
ATTEST:
4L;i_h_
• CITY ECRETARY
(SEAL)
APPROVED AS TO FORM &
LEGALITY:
ASSIS NT CITY ATTORNEY
Contract Authorization
7-99
Date
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CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
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Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractors Ballou Construction
Co., Inc. certifies that it provides worker's compensation insurance coverage for all of its
employees employed on City of Fort Worth project Micro -Surfacing 99-5 project number,
GS93-020930522040. /1
I:
14 — O HT'
Title
Date
STATE OF KANSAS
COUNTY OF SALINE
BEFORE ME, the undersigned authority, on this day personally appeared
J, Dic/J , 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
0 & CQA/STuCTi o� �fi. Zip. 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
,19
JILL WEIDENBENER
Notary Public - State of Kansas
My Appt. Expires I - 17 -2Q01 JNotary Public in and for the State
(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.
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A:13WORKCOM.FRM
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PERFORMANCE BOND
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THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENT: That we (1) Ballou Construction
Co., Inc. (2) Company of Kansas hereinafter called Principal and (3)
C Paul Fife & Marine Insurance 6o,
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:
Four Hundred Ninety Nine Thousand, Nine Hundred Dollars & No Cents
$499,900.00 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 22nd day of June , 1999 , a
copy of which is hereto attached and made a part hereof, for the construction of:
MICRO -SURFACING 99-5
designated as Project Number GS93-020930522040 , 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
a 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.
aPROVIDED 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 Sure for value received, hereby stipulates and
Surety, P
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.
11
IN WITNESS WHEREOF, this instrument is executed in 6 Counterparts each one of which
A:14PERBOND.FRM
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shall be deemed an original, this the 22nd day of June .1999.
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ATTEST:
(rincipal) Secret
t] (SEAL)
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385 Washington St., St. Paul, MN
(Address)
4 Lot ($/≤ d 17dAJ
Principal (4)
By:
(Printed Name/Title)
o . ox a3o 0
ADDRESS
S4L fi✓/ , _'A,y$4-,S 7t/o•1- Z36 o
CITY/STATE/ZIP
ATTEST:
(SurMy) Secretary
By:
St. Paul Fire & Marine Insurance Co.
(Surety)
(Attorney -in -Fact) (5)
hn C. Lahmeyer
Attorney -In -Fact
(Printed Attorney -in -Fact)
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 of Surety
(4)
If Contractor is partnership all Partners
should execute bond
(5)
A true copy of Power of Attorney shall be
attached to bond by Attorney -in -Fact
0
POWER OF ATTORNEY
..rd Surety Company
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
Fidelity and Guaranty Insurance Underwriters, Inc.
Power of Attorney No. 20120 Certificate No. 8 4 e 4 0
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 and M. L. Fenimore
Salina Kansas
of the City of ____________________________________________,State , their true and lawful Attorney(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 required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed this 18th day of
March
1999
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
$1}9fiy ' \Fl0.E 6 4 \�r•�•.R.'!(/ Jp+ \NSUggY /V✓ _ 3 Y _
� .t ',EORPOR,,>F. jWpPORgl,.':P�jt CCTTTTT Y' 6 iyrnnn....
927 �[ t ; t 's 1977 MICHAEL B. KEEGAN, Vice President
SSAL;'st `n .e 1951
State of Maryland r.+� AN! * �`_ ►"► C
City of Baltimore MICHAEL R. MCKIBBEN, Assistant Secretary
On this 18th day of March 19g
r before me, the undersigned officer, personally appeared Michael B. Keegan 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,3heoOrporation,
l M�rry Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and G ty a ers, Inc. and that they, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing ames of s by themselves as duly authorized officers.
�j
In Witness Whereof, I hereunto set my hand and official seal. cs.
n�
My Commission expires the 13th day of July, 2002. 9 pCeUCY
REBECCA EASLEY-ONOKALA, Notary Public
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 Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
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 Attorney(s)-in-Fact for purposes
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
and effect and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto set my hand thise�lfLCfitd day of____________________, _______
SIMEly PR 6 \PN..�tiSG Jpt ,Nsugq ��ytYAryp
1927 Y fO0RP�Rq>F�, Y tApPORglF YO^ Pi0 G c• �F u
, 0
�' ° � : € � mono � 977 �oaAlcn
`>4O s°' i' SEAL 'o' 6�S8AL•aDa° �n 1898 1951
...•i,, O $� Michael R. McKibben, Assistant Secretary
AN1 s 1•
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,
the above -named individuals and the details of the bond to which the power is attached.
86326 Rev. 4-99 Printed in U.S.A.
0
UPAYMENT BOND
THE STATE OF TEXAS BOND NO. 141503264
COUNTY OF TARRANT
�J KNOW ALL MEN BY THESES PRESENTS: That we, Ballou Construction Co., Inc. a
corporation of Saline County, Kansas , hereinafter called Principal and
(3) gt pant 4ire & Marine Insurance Co,
, 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:
Four Hundred Ninety Nine Thousand, Nine Hundred Dollars & No Cents
$499,900.00 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 22nd day of June ,1999, 1999, a
copy of which is hereto attached and made a part hereof, for the construction of:
MICRO -SURFACING 99-5
designated as Project Number GS93-020930522040 copy of which contract is hereto
attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein,
asuch 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
a 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 the right of any beneficiary hereunder whose claim shall be unsatisfied.
aAMPAYBOND.FRM
0
M r
a
0
0
0
IN WITNESSETH WHEREOF, this instrument is executed in 6 counterparts, each one of which
shall be deemed an original, this the 22nd day of _ June . 1999.
(SEAL)
a
LLdJ CdNS7X✓CTides ( .vrr
Principal (4)
BY:
/.1�el�LD�1 ,C%' DE% 1/ E PITjDt 1/1'
(Printed Name/Title)
ADDRESS
iC(ci 67(12—z10 o
CITY/STATE/ZIP
�$5 Washington St., St. Paut, MN_
St. Paul Flre & Marine Insurance Co.
(Address)
(Surety)
ATTEST:
(S ) Secretary
By:
O
(Attorney-in-Fac (5)
J Lohmeyer
Attorney -In -Fact
[]
(Printed Attorney -in -Fact)
(SEAL)
U
____
1tneSS aS to urety
Note: Date of Bond must not he prior to date of
a
Contract
(1) Correct name of Contractor
(2) A Corporation, a Partnership or and
Individual, as case may be
(3) Correct Name of Surety
(4) If Contractor is Partnership all Partners
El
should execute bond
0
0
0
I
The ftl
POWER OF ATTORNEY
Power of Attorney No.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
20120
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No. 847 41
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 and M. L. Fenimore
Salina Kansas
of the City of , State , their true and lawful Attorneys) -in -Fact,
each in their separate capacity if more than one is named above, to sign it 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 underta ngs required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument t be signed this 18th day of March 1999
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Co pany Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company w
�4' i
.� i ;�ORPryRq,F la _Y� W �BglF cis fi{� 4.6�, Ri.^^„urvlti[!
�' 1927 h }� MICHAEL B. KEEGAN, Vice President
�' SEA�Ljao" ' SSAL�=e � 1951
�q;,kn� '°�cFucE cp '� S. AN'! ,i�•._••� aJl'�!i � ���Q�� �� j/���
State of Maryland
City of Baltimore ,r MICHAEL R. MCKIBBEN, Assistant Secretary
18th March 1999
On this day of before me, the undersigned officer, personally appeared Michael B. Keegan 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 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.
In Witness Whereof, I hereunto set my hand and official seal.
Q NOT'9RY
My Commission expires the 13th day of July, 2002. y plJQ4C
REBECCA EASLEY-ONOKALA, Notary Public
� CiTt
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 Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
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
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 Attorney(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
and effect and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto set my hand this day of , / ?%
SIKiEly 001
\pN �NSG Jp+BpRq sUfY'4tp7 `^vC
fN I( (094\ 1 Q: 0RAT':P
1927 +�`:� 1►iaw�ac 1 . t wtarooaatro
/n 38AL, i in t✓ g 1951
EA O 34 , per, 1� Michael R. McKibben, Assistant Secretary
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,
the above -named individuals and the details of the bond to which the power is attached.
86326 Rev. 4-99 Printed in U.S.A.
/1 , -o „
/PMS 288 (BLUE)
FoKFTIOIKTif
---�-+ -- PMS 167 (COPPER)
STREET MAINTENANCE PROGRAM
CONTRACTOR'S NAME
TELEPHONE NUMBER _r
PROJECT DESIGNATION SIGN
I
City of Fort Worth, Texas
tY1, j' Ayor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/22/99 **C-17482 20MICRO 1 of 2
SUBJECT AWARD OF CONTRACT TO BALLOU CONSTRUCTION FOR MICRO -SURFACING 99-5
AT SPECIFIED LOCATIONS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Ballou
Construction in the amount of $499,900.00 for 45 working days for Micro -surfacing 99-5.
DISCUSSION:
In the 1998-99 Contract Major Maintenance Program, various types of street maintenance techniques
are grouped into specific contract packages. Micro -surfacing 99-5 provides for surface rehabilitation for
asphalt streets in specified locations funded from the Contract Street Maintenance Fund.
The following list details the limits for each of the streets included in this project:
STREET
8th Avenue
April Sound Court
Bluebonnet Drive
Carnation Avenue
Colonial Street
El Retiro Road
East Felix Street
Gilmore Street
Hasten Court
Hunters Glen Trail
West Lotus Avenue
West Lotus Avenue
East Maddox Avenue
Newport Road
Newport Road
South Normandale Street
Oak Crest Court
Oak Grove Road
Oakland Boulevard
Overton Park Drive West
Ranchview Drive
Seminary Drive
Shady Glen Court
Sweetbriar Lane
Sylvan Drive
Sylvan Court
Tennis View Court
FROM
West Cantey Street
Racquet Club Drive
Yucca Avenue
North Sylvania Avenue
Hwy 121
Cortez Drive
IH-35 Service Road
North Beach Street
Racquet Club Drive
Racquet Club Drive
Bluebonnet Drive
Watauga Road
Riverside Drive
Hunters Glen Trail
Hunters Glen Trail West
West Normandale Street
Hunters Glen Trail
IH-35 Service Road South
Ederville Road South
Ranchview Road
Hulen Street
Vermont Avenue
Hunters Glen Trail
Bellaire Drive South
Racquet Club Drive
Sylvan Drive
Racquet Club Drive
TO
Berry Street
South Cul-de-Sac
Watauga Road
East Cul-de-Sac
Grapewood Street
Phoenix Drive
Brown Street
Wayne Street
North Dead End
Racquet Club Drive
Cardinal Lane
West Lotus Avenue
Mississippi Avenue
John T. White Road
Rolling Springs Court
Las Vegas Trail
North Cul-de-Sac
East Felix Street
East Lancaster Avenue
Bellaire Drive South
Bellaire Circle
Cherokee Trail
North Cul-de-Sac
Harlanwood Drive
John T. White Road
East Cul-de-Sac
South Cul-de-Sac