HomeMy WebLinkAboutContract 41968 Tw cwy pm
SPECIFICATIONS CONTRACTOR
CONTRACTOR'S 90NpW CO.
AND V/ CITY UCRETARY
CITY MANAGER'S OFFICE
l CONTRACT DOCUMENTS _,.,..,...somm"
FOR _ -.._VW•FU0W
HMAC SURFACE OVERLAY (2011-7)
1 AT VARIOUS LOCATIONS
iJ
IN THE CITY OF FORT WORTH, TEXAMN-FIRACT 4O
a CITY PROJECT NO: 01716
TPW PROJECT NO: C293-541200-203620171683
2011
MIKE MONCRIEF T.M. HIGGINS
MAYOR INTERIM CITY MANAGER
GREG SIMMONS, P.E., ACTING DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ANDY ANDERSON, P.E., ASSISTANT DIRECTOR
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
PREPARED BY
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
INFRASTRUCTURE GROUP
qo N.FAi-
dcF GIST r\
M&C Review Page 1 of 2
l
"
CITY COUNCIL AGENDA F(IRTWORTII
COUNCIL ACTION: Approved on 6/14/2011
DATE: 6/14/2011 REFERENCE NO.: **C-24957 LOG NAME: 20HMAC 2011-7
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of
$777,943.65 for Hot Mix Asphaltic Concrete Surface Overlay 2011-7 at Various Locations
(COUNCIL DISTRICTS 3, 7 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with JLB
! Contracting, LLC, in the amount of$777,943.65 for 120 calendar days for Hot Mix Asphaltic Concrete
J Surface Overlay 2011-7 at various locations that are listed on the attachments provided.
DISCUSSION:
The Contract Major Maintenance Program provides for the rehabilitation of deteriorated asphalt and
concrete streets. For asphalt streets two pavement repair techniques are utilized depending upon the
level of deterioration; mill and overlay, or pulverization of existing surface and base to create a new
base and paving with new asphalt. This contract will perform asphalt rehabilitation on 17 street
segments. The work in each street segment can be expected to last between two to four weeks
J depending upon length, weather and local working conditions. Funding for the contract is included in
the Contract Street Maintenance Fund.
This project was advertised for bid in the Fort Worth Star-Telegram on March 17, 2011 and March 24,
1 2011. On April 14, 2011, the following bids were received:
J Bidders Amount
JLB Contracting, LLC $777,943.65
Peachtree Construction, Ltd. $784,142.00
Quality Excavation, Ltd. $795,467.00
Austin Bridge & Road, LP $846,384.00
The City reserves the right to increase or decrease quantities of individual pay items within the
contract, provided that the total contract amount remains within plus or minus 25 percent of the
contract award.
JLB Contracting, LLC, is in compliance with the City's M/WBE Ordinance by committing to 20 percent
M/WBE participation. The City's goal on this project is 19 percent.
These projects are located in COUNCIL DISTRICTS 3, 7 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Contract Street Maintenance Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
0293.541200 20 3620 1 71683 $777,943._65
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15341&councildate=6/14/2011 6/15/2011
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wersig (7801)
IAdditional Information Contact: Kristian Sugrim (8902)
l
I ATTACHMENTS
I 20HMAC 2011-7—Project Listing.xls
20HMAC-2011-7—MAP`PAGE_1.pdf
20HMAC 2011-7 MAP PAGE_2.pdf
1 20HMAC_2011-7_MAP_PAGE_3.pdf
J
J
J
1
l
I
I
http://apps.cfwnet.org/council_packet/mc review.asp?ID=15341&councildate=6/14/2011 6/15/2011
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
HMAC SURFACE OVERLAY (2011-7)
AT VARIOUS LOCATIONS
IN THE CITY OF FORT WORTH, TEXAS
CITY PROJECT NO: 01716
TPW PROJECT NO: C293-541200-203620171683
NAJIB F S, A. DATE
INFRASTRUCTURE MANAGER
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
TABLE OF CONTENTS
1. Notice to Bidders
2. Special Instructions to Bidders
3. Minority and Women Business Enterprise Specifications
4. Proposal
5. Special Provisions
' 6. Item 360,Concrete Pavement(Modified Specification)
7. Prevailing Wage Rates
8. Vendor Compliance
9. Contractor Compliance with Worker's Compensation Law
P P
10. Certificate of Insurance
11. Equipment Schedule
12. Experience Record
13. Performance Bond
14. Payment Bond
15. Maintenance Bond
16. Contract
17. Notice of Construction Detail
18. Project Designation Sign Detail
19. Other Details
20. Street Locations
21. Street by Street Paving Quantity Determination Spreadsheet
Sealed Proposals for the following:
CITY OF FORT WORTH, TEXAS
HMAC SURFACE OVERLAY(2011-7)
CITY PROJECT NO: 01716
TPW PROJECT NO: C293-541200-203620171683
Submit package to the City of Fort Worth, Purchasing Division, lower level of the Municipal Building, 1000
Throckmorton St, Fort Worth, Texas 76102, until 1:30 P.M.,Thursday,April 14,2011, and then publicly read
aloud at 2:00 P.M., in the Council Chambers.
Specifications and Contract Documents for this project may be purchased for twenty dollars($20)per set at the
office of the Transportation and Public Works Department, Municipal Office Building, 1000 Throckmorton
Street,Fort Worth,Texas 76102. These documents contain additional information for prospective bidders.
A pre-bid conference will be held at 9:00 A.M. Thursday,April 7,2011,in the Transportation and Public Works
Conference Room,2nd Floor,Municipal Building,RM 270.
The major work on the above-referenced project shall consist of the following:
Paving Improvements:
7,650 L.F. Remove and Replace Concrete Curb and Gutter
3,050 S.F. Remove and Replace 6"Concrete Driveways
24,770 S.Y. 8-inch HMAC Pavement Pulverization
325 TONS Cement Modification(26 lbs/SY)
10,280 L.F. Pavement Wedge Milling(2"to 0"Depth, 5' Wide)
1 17,000 L.F. Crack Sealing of Existing Pavement
41,010 S.Y. 2-inch HMAC Surface Course Type"D"Pavement
Included in the above will be all other miscellaneous items of construction as outlined in the Plans and
Specifications.
For additional information,please contact Kristian Sugrim, Project Manager at(817)392-8902.
T. M.HIGGINS GREG SIMMONS, P.E.,ACTING DIRECTOR
INTERIM CITY MANAGER TRANSPORTATION&PUBLIC WORKS
Advertising Dates:
By:
March 17, 2011 Kristian Sugrim
March 24, 2011 Project Manager
PREQUALIFICATION REQUIREMENTS FOR PAVING CONTRACTORS
I. A current Financial Statement must be provided. The Transportation and Public
Works Department requires that the original Financial Statement, or a certified copy
be submitted for consideration.
2. For those seeking first time qualification, references of related work(at least 5) must
be provided. Each reference must include the following:
a. Project Name and Location
b. Type of project—Concrete Paving Construction or Reconstruction, Asphalt
Paving Construction Reconstruction, or Asphalt Paving Heavy Maintenance.
c. An indication of whether the Contractor served as the prime or as a subcontractor
on each of the referenced projects
d. Contractor's contact person and telephone number(s)
e. Name of the city where work was performed along with contact name and
telephone number of the assigned City Inspector
f. Amount of construction contract
g. Type of paving performed and general description of work elements (asphalt, base
construction, sub-base treatment, geo-grid fabric, concrete, reinforcing, thickness,
jointing)
h. Date of project—start date for construction and completion date
i. The above requirement for 5 project references may be waived if:
• The contractor can otherwise demonstrate that he/she has the construction
experience to perform the type of work for which he/she is being considered,
and
• The contractor provides sufficient evidence that he/she has the financial
ability to both complete and warranty the work, and
The contractor acknowledges that under this provision of the requirements for
pre-qualification that the contractor will be limited to 10,000 square yards of
concrete or asphalt pavement construction or$1,000,000 of pavement
rehabilitation.
• The contractor acknowledges that the limitation on this type of work for the
City of Fort Worth will remain in force until such time as the contractor
demonstrates the capability to satisfactorily perform and complete the type of
work covered by the restriction.
' 3. Include in the submission an equipment schedule which indicates equipment under
the control of the Contractor and which is related to the type of work for which the
Contactor is seeking certification. The schedule must include the manufacturer,
model and general common description of each piece of equipment.
4. The following information must be provided regarding construction experience:
a. Number of years the company has been in business as a General Contractor under
the present business name
b. Other names under which the company has operated including the full name of
the company and where that company performed work
1
c An indication of the number of years of concrete/asphalt pavement construction
experience as a general contractor and as a sub-contractor
d. Experience of the principals of the company, including name, present position,
years of experience, type of experience, licenses, and certifications.
e. If the Contractor or any present partners or officers have ever failed to complete a
contract, provide details about those contracts including name of the project,
owner/engineer, contract price, contact person, and the surety that was involved.
f. Provide details of any instances when the Contractor, any present partners or
company officers have filed for bankruptcy or have been part of a company that
has filed for bankruptcy.
5. Any Contractor who becomes qualified under these provisions and remains in good
standing with the City will only be required to submit a newly compiled or reviewed
financial statement before each 2 year anniversary of initial qualification. Should a
Contractor fail to submit the required information before any 2 year anniversary,
he/she will be so advised and will be allowed 6 months to provide the required
financial statement. If a financial statement is then not provided within the specified
6 month period,the Contractor will be removed from the list of qualified Contractors
and he/she will be required to provide all indicated information as would a new
contractor before being considered further for qualification.
December 9 2010
TYPES AND LEVELS OF QUALIFICATION
CONCRETE PAVING CONSTRUCTION/RECONSTRUCTION
Concrete Paving Construction/Reconstruction LESS THAN 10,000 square yards
A Contractor may be deemed as pre-qualified to perform concrete paving as a
Prime Contractor with the City of Fort Worth if the required pre-qualification
information submitted by the Contractor demonstrates through financial stability,
experience and available resources that the Contractor should be able to perform
the indicated level of work. if the Contractor is pre-qualified for this level, the
Contractor will only be considered qualified to perform concrete paving on
projects that include less than 10,000 square yards.
Concrete Paving Construction/Reconstruction 10,000 square yards and GREATER
A Contractor may be deemed as pre-qualified to perform concrete paving as a
Prime Contractor with the City of Fort Worth if the required pre-qualification
information submitted by the Contractor demonstrates through financial stability,
experience and available resources that the Contractor should be able to perform
the indicated level of work. If the Contractor is pre-qualified for this level, the
Contractor will not be limited on the size of project upon which he or she may
bid.
ASPHALT PAVING CONSTRUCTION/RECONSTRUCTION
Asphalt Paving Construction/Reconstruction LESS THAN 10,000 square yards
A Contractor may be deemed as pre-qualified to perform asphalt paving as a
Prime Contractor with the City of Fort Worth if the required pre-qualification
i
information submitted by the Contractor demonstrates through financial stability,
experience and available resources that the Contractor should be able to perform
the indicated level of work. If the Contractor is pre-qualified for this level, the
Contractor will only be considered qualified to perform asphalt paving on projects
that include less than 10,000 square yards.
' Asphalt Paving Construction/Reconstruction 10,000 square yards and GREATER
A Contractor may be deemed as pre-qualified to perform asphalt paving as a
Prime Contractor with the City of Fort Worth if the required pre-qualification
information submitted by the Contractor demonstrates through financial stability,
experience and available resources that the Contractor should be able to perform
the indicated level of work. If the Contractor is pre-qualified for this level, the
Contractor will not be limited on the size of project upon which he or she may
bid.
t
r
ASPHALT PAVING HEAVY MAINTENANCE
Asphalt Paving Heavy Maintenance UNDER$1,000,000
A Contractor may be deemed as pre-qualified to perform asphalt paving heavy
maintenance as a Prime Contractor with the City of Fort Worth if the required
pre-qualification information submitted by the Contractor demonstrates through
financial stability, experience and available resources that the Contractor should
be able to perform the indicated level of work. If the Contractor is pre-qualified
for this level, the total amount of the bid for asphalt paving heavy maintenance
and all items directly associated with the paving shall be less than $1,000,000.
Asphalt Paving Heavy Maintenance$1,000,000 and OVER
A Contractor may be deemed as pre-qualified to perform asphalt paving heavy
maintenance as a Prime Contractor with the City of Fort Worth if the required
pre-qualification information submitted by the Contractor demonstrates through
financial stability, experience and available resources that the Contractor should
be able to perform the indicated level of work. If the Contractor is pre-qualified
for this level, the Contractor will not be limited on the size of project upon which
he or she may bid.
December 9, 2010
SPECIAL INSTRUCTIONS TO BIDDERS
1
1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of
i Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid
i submitted must accompany the bid, and is subject to forfeit in the event the successful
bidder fails to execute the contract documents within ten days after the contract has been
1 awarded.
1 To be an acceptable surety on the bid bond, the surety must be authorized to do business
in the state of Texas. In addition, the surety must (1) hold a certificate of authority from
the Untied States secretary of the treasury to qualify as a surety on obligations permitted
or required under federal law; or (2) have obtained reinsurance for any liability in excess
of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of
Texas and is the holder of a certificate of authority from the Untied States secretary of the
treasury to qualify as a surety on obligations permitted or required under federal law.
Satisfactory proof of any such reinsurance shall be provided to the City upon request.
The City, in its sole discretion, will determine the adequacy of the proof required herein.
2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be
tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the
application of such formulas or other methods of bringing items to a common basis as
may be established in the Contract Documents.
The total obtained by taking the sum of the products of unit prices quoted and the
estimated quantities plus any lump sum items and such other quoted amounts as may
enter into the cost of the completed project will be considered as the amount of the bid.
Until the award of the contract is made by the Owner, the right will be reserved to reject
any or all proposals and waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as maybe considered for the best interest of the
Owner.
The quantities of work and materials to be furnished as may be listed in the proposal
forms or other parts of the Contract Documents will be considered as approximate only
and will be used for the purpose of comparing bids on a uniform basis. Payment will be
made to the Contractor for only the actual quantities of work performed or materials
furnished in strict accordance with the Contract Documents and Plans. The quantities of
work to be performed and materials to be furnished may be increased or decreased as
1 hereinafter provided, without in any way invalidating the unit prices bid or any other
J requirements of the Contract Documents.
3. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract
Documents prior to the bid receipt. Information regarding the status of addenda may be
obtained by contacting the Transportation and Public Works Department at (817) 392-
8902. Bids that do not acknowledge all applicable addenda will be rejected as non-
responsive.
SPECIAL INSTRUCTIONS TO BIDDERS
- 1 -
4. AWARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest
iresponsive bidder. The City reserves the right to reject any or all bids and waive any or
all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) City
business days from the date that the M/WBE UTILIZATION FORM, PRIME
CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM
("Documentation") is received by the City.
5. PAYMENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder
entering into a contract for the work will be required to give the City surety in a sum
equal to the amount of the contract awarded. The successful bidder shall be required to
furnish bonding as applicable in a sum equal to the amount of the contract awarded. The
form of the bond shall be as herein provided and the surety shall be acceptable to the
City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the
1 Texas Government Code, as amended.
A. If the total contract price is $25,000 or less, payment to the contractor shall be
made in one lump sum. Payment shall not be made for a period of 45 calendar
days from the date the work has been completed and accepted by the City.
B. If the contract amount is in excess of $25,000, a Payment Bond shall be
executed, in the amount of the contract, solely for the protection of all claimants
supplying labor and material in the prosecution of the work.
C. If the contract amount is in excess of $100,000, a Performance Bond shall be
executed, in the amount of the contract conditioned on the faithful performance of
the work in accordance with the plans, specifications, and contract documents.
Said bond shall solely be for the protection of the City of Fort Worth.
D. A Two-year Maintenance Bond is required for all projects to insure the prompt,
full and faithful performance of the general guarantee as set forth in Paragraph 7
of the Special Provisions.
To be an acceptable surety on the performance, payment and maintenance bonds, the
surety must be authorized to do business in the state of Texas and meet all requirements
" of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a
certificate of authority from the Untied States secretary of the treasury to qualify as a
J surety on obligations permitted or required under federal law; or (2) have obtained
reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and
admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority
from the Untied States secretary of the treasury to qualify as a surety on obligations
permitted or required under federal law. Satisfactory proof of any such reinsurance shall
be provided to the City upon request. The City, in its sole discretion, will determine the
adequacy of the proof required herein.
No sureties will be accepted by the City that are at the time in default or delinquent on
any bonds or which are interested in any litigation against the City. Should any surety on
the contract be determined unsatisfactory at any time by the City, notice will be given to
J
SPECIAL INSTRUCTIONS TO BIDDERS
-2-
the contractor to that effect and the contractor shall immediately provide a new surety
satisfactory to the City
6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 - General
Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain
Construction of the City of Fort Worth, Texas, concerning liquidated damages for late
completion of projects.
7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not
discriminate against any person(s) because of sex, race, religion, color or national origin
and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of
the City of Fort Worth (1986), as amended, prohibiting discrimination in employment
1 practices.
8 WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain
!-� Construction is deleted and replaced with the following:
Compliance with and Enforcement of Prevailing Wage Laws
A. Duty to pay Prevailing Wage Rates.
The contractor shall comply with all requirements of Chapter 2258, Texas
Government Code (Chapter 2258), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the
_1 prevailing wage rates in accordance with Chapter 2258. Such prevailing wage
j rates are included in these contract documents.
B. Penalty for Violation.
A contractor or any subcontractor who does not pay the prevailing wage shall,
upon demand made by the City, pay to the City $60 for each worker employed for
each calendar day or part of the day that the worker is paid less than the prevailing
wage rates stipulated in these contract documents. This penalty shall be retained
by the City to offset its administrative costs, pursuant to Texas Government Code
2258.023.
C. Complaints of Violations and City Determination of Good Cause.
On receipt of information, including a complaint by a worker, concerning an
alleged violation of 2258.023, Texas Government Code, by a contractor or
subcontractor, the City shall make an initial determination, before the 31 st day
after the date the City receives the information, as to whether good cause exists to
believe that the violation occurred. The City shall notify in writing the contractor
or subcontractor and any affected worker of its initial determination. Upon the
City's determination that there is good cause to believe the contractor or
subcontractor has violated Chapter 2258, the City shall retain the full amounts
claimed by the claimant or claimants as the difference between wages paid and
SPECIAL INSTRUCTIONS TO BIDDERS
-3-
wages due under the prevailing wage rates, such amounts being subtracted from
successive progress payments pending a final determination of the violation.
D. Arbitration Required if Violation Not Resolved.
An issue relating to an alleged violation of Section 2258.023, Texas Government
Code, including a penalty owed to the City or an affected worker, shall be
submitted to binding arbitration in accordance with the Texas General Arbitration
Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and
1 any affected worker do not resolve the issue by agreement before the 15th day
l after the date the City makes its initial determination pursuant to paragraph (c)
above. If the persons required to arbitrate under this section do not agree on an
arbitrator before the 1 lth day after the date that arbitration is required, a district
court shall appoint an arbitrator on the petition of any of the persons. The City is
not a party in the arbitration. The decision and award of the arbitrator is final and
binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained.
The contractor and each subcontractor shall, for a period of three (3) years
following the date of acceptance of the work, maintain records that show (i) the
name and occupation of each worker employed by the contractor in the
construction of the work provided for in this contract; and (ii) the actual per diem
wages paid to each worker. The records shall be open at all reasonable hours for
inspection by the City. The provisions of the Audit section of these contract
__1 documents shall pertain to this inspection.
JF. Pay Estimates.
With each partial payment estimate or payroll period, whichever is less, the
contractor shall submit an affidavit stating that the contractor has complied with
the requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates.
The contractor shall post the prevailing wage rates in a conspicuous place at the
site of the project at all times.
H. Subcontractor Compliance.
The contractor shall include in its subcontracts and/or shall otherwise require all
of its subcontractors to comply with paragraphs (a) through (g) above.
1 I. (Wage rates are attached following the end this section.)
9. FINANCIAL STATEMENT: A current certified financial statement may be required by
the Director of Transportation and Public Works Department for use by the CITY OF
t FORT WORTH in determining the successful bidder. This statement, if required, is to be
I SPECIAL INSTRUCTIONS TO BIDDERS
1 -4-
prepared by an independent Public Accountant holding a valid permit issued by an
lappropriate State Licensing Agency.
10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor
must provide, along with executed contract documents and appropriate bonds, proof of
insurance for Workers Compensation (statutory); Comprehensive General Liability
($1,000,000 per occurrence, $2,000,000 aggregate); and Automobile Insurance
($1,000,000 each accident on a combined single basis or $250,000 property
damage/$500,000 bodily injury per person per occurrence. A commercial business
policy shall provide coverage on "any auto", defined as autos owned, hired, and non-
owned). Additional lines of coverage may be requested. If such a request is made after
bid opening, Contractor shall be entitled to additional compensation equal to 110% of the
additional premium cost. For worker's compensation insurance requirements, see Special
Instructions to Bidders - Item 16.
ADDITIONAL INSURANCE REQUIREMENTS:
A. The City, its officers, employees and servants shall be endorsed as an additional
insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
B. Certificates of insurance shall be delivered to the City of Fort Worth, contract
_ administrator in the respective department as specified in the bid documents, 1000
Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on
the contracted project.
C. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
D. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy terms
or coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
E. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
F. Deductible limits, or self-funded retention limits, on each policy must not exceed
1 $10,000.00 per occurrence unless otherwise approved by the City.
G. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
-� coverage.
H. Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of
SPECIAL INSTRUCTIONS TO BIDDERS
-5-
\f
I
recovery in favor of the City.
1. City shall not be responsible for the direct payment of insurance premium costs
for contractor's insurance.
J. Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
K. In the course of the project, Contractor shall report, in a timely manner, to City's
officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property
loss.
L. Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
M. Upon the request of City, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the
City of Fort Worth will not award this contract to a non-resident bidder unless the non-
resident's bid is lower than the lowest bid submitted by a responsible Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a
"j non-resident bidder to obtain a comparable contract in the state in which the non-
resident's principal place of business is located.
"Non-resident bidder" means a bidder whose principal place of business is not in
this state, but excludes a contractor whose ultimate parent company of majority
owner has its principal place of business in this state.
"Texas resident bidder" means a bidder whose principal place of business is in this
state, and includes a contractor whose ultimate parent company or majority owner
has its principal place of business in this state.
This provision does not apply if the project is funded in whole or in part with federal
funds.
The appropriate blanks of the Proposal must be filled out by all non-resident bidders in
order for its bid to meet specifications. The failure of a non-resident contractor to do so
will automatically disqualify that bidder.
12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort
Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort
Worth has goals for the participation of minority business enterprises and women
business enterprises in City contracts. You may obtain a copy of the Ordinance from the
Office of the City Secretary.
SPECIAL INSTRUCTIONS TO BIDDERS
-6-
The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort
Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business
days after the bid opening date, exclusive of the bid opening date. The bidder shall
submit the documentation at the reception area of the Transportation and Public Works
Department ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt.
Failure to comply shall render your bid non-responsive.
Upon contract execution between the City of Fort Worth and the successful bidder, now
known as Contractor, a pre-construction meeting will be scheduled at which time the
Contractor is required to submit either Letters of Intent or executed agreements with the
M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed
agreements shall include the following information:
1. Name of Contract
2. Name of M/WBE firm utilized
3. Scope of Work to be performed by the M/WBE firm
4. Monetary amount of work to be performed by the M/WBE firm
5. Signatures of all parties
A notice to proceed will not be issued until the signed letter(s) or executed
agreement(s) have been received.
Throughout the duration of this project, the Contractor complies with the M/WBE
Ordinance by complying with the following procedures:
• A M/WBE Participation Report Form must be submitted monthly until the contract is
completed. The first report will be due 30 days after commencement of work. The
monthly report MUST have an original signature to ensure accountability for audit
purposes.
• Reports are to be submitted monthly to the M/WBE Office, regardless of whether or
not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a
particular month, place a "0" or "no participation" in the spaces provided, and provide
a brief explanation.
• The Contractor shall provide the M/WBE Office proof of payment to the M/WBE
subcontractors and suppliers only. The M/WBE Office will accept the following as
proof of payment:
1 1. Copies of submitted invoices with front and back copies of canceled check(s), OR
2. A notarized letter explaining, in detail:
a Subcontractor/supplier Scope of Work
b. Date when services were received from subcontractor/supplier
c. Amounts paid to the subcontractor/supplier
d. Original signatures from both parties must be included on this letter.
SPECIAL INSTRUCTIONS TO BIDDERS
-7-
z
• If the Contractor foresees a problem with submitting participation reports and/or
proof of payment on a monthly basis, the M/WBE Office should be notified.
If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere
to the following:
-� 1. Immediately submit a Request for Approval of Change Form to the M/WBE
Office explaining the request for the change or deletion.
2. If the change affects the committed M/WBE participation goal, state clearly how
4 and why in documentation.
a. All requests for changes must be reviewed and pre-approved by the M/WBE
Office.
b. If the Contractor makes change(s) prior to approval, the change will not be
considered when performing a post compliance review on this project.
• Upon the Contractor's successful completion of this project, and within ten days after
receipt of final payment from the City of Fort Worth, The Contractor will provide the
M/WBE Office with a Final Participation Report Form to reflect the total
participation from ALL subcontractors/suppliers utilized on the project.
• All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional
information regarding compliance to the M/WBE Ordinance, call (817) 871-6104.
1
-� Upon request, Contractor agrees to provide to Owner Complete and accurate information
regarding actual work performed by a Minority/Women Business Enterprise (M/WBE)
^� on the contract and payment therefore. Contractor further agrees to permit an audit and/or
J examination of any books, records or files in its possession that will substantiate the
actual work performed by an M/WBE. The misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Contractor will be
grounds for termination of the contract and/or initiating action under appropriate federal,
state or local laws or ordinances relating to false statements; further, any such
misrepresentation (other than a negligent misrepresentation) and/or commission of fraud
will result on the Contractor being determined to be irresponsible and barred from
participating in City work for a period of time of not less than three years.
13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the
proposal, the City reserves the right to adopt the most advantageous construction thereof
or to reject the proposal.
�) 14. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND
WARRANTY:
a. The contractor will receive full payment (less 5% retainage) from the city for each pay
period.
J SPECIAL INSTRUCTIONS TO BIDDERS
-8-
b. Payment of the retainage will be included with the final payment after acceptance of the
project as being complete.
c. The project shall be deemed complete and accepted by the City as of the date the final
jpunch list has been completed, as evidenced by a written statement signed by the
contractor and the City.
d. The warranty period shall begin as of the date that the final punch list has been
completed.
e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment
becoming due and payable.
f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the
city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city
shall make a pr-egress payment in the amount that city deems due and payable.
g. In the event of a dispute regarding either final quantities or liquidated damages, the
parties shall attempt to resolve the differences within 30 calendar days.
15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the
following guidelines relating to working on City construction sites on days designated as
"AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the
Metroplex area, runs from May 1, through October 31, with 6:00 a.m. - 10:00 a.m. being
� critical because emissions from this time period have enough time to bake in the hot
Yy atmosphere that leads to early afternoon ozone formation.
The Texas Commission on Environmental Quality (TCEQ), in coordination with the
National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the
afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS,
the Contractor shall bear the responsibility of being aware that such days have been
designated AIR POLLUTION WATCH DAYS and as such shall not begin work until
10:00 a.m. whenever construction phasing requires the use of motorized equipment for
periods in excess of 1 hour.
However, the Contractor may begin work prior to 10:00 a.m. if use of motorized
equipment is less than 1-hour, or if equipment is new and certified by EPA as "Low
Emitting", burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or
alternative fuels such as CNG.
If the Contractor is unable to perform continuous work for a period of at least seven hours
between the hours of 7:00 a.m. - 6:00 p.m., on a designated AIR POLLUTION WATCH
DAY, that day will be considered as a weather day and added onto the allowable weather
days of a given month.
J 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance
with Workers Compensation shall be as follows:
SPECIAL INSTRUCTIONS TO BIDDERS
-9-
1
A. Definitions:
1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity employees
l providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in, 406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person has employees. This
includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
j codes and payroll amounts and filing of any coverage agreements, which meets the
J statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
' showing that coverage has been extended.
J E. The contractor shall obtain from each person providing services on a project, and
provide to the City:
(1) a certificate of coverage, prior to that person beginning work on the project, so
the City will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
l SPECIAL INSTRUCTIONS TO BIDDERS
J(
_ 10-
rt\/
1
E. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within ten days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
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
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(4) obtain from each other person or entity with whom it contracts, and provide to
the contractor:
(a) a certificate of coverage, prior to the other person or entity beginning work
on the project; and
(b) a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
Jand for one year thereafter.
(6) notify the governmental entity in writing by certified mail or personal delivery,
`I within ten days after the person knew or should have known, of any change that
1 materially affects the provision of coverage of any person providing services on
the project; and
J
SPECIAL INSTRUCTIONS TO BIDDERS
J - 11 -
.f
(7) contractually require each person with whom it contracts, to perform as required
� by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be 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 of misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the City to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
City.
"The contractor shall post a notice on each project site informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Workers'
Compensation Act or other Texas Workers' Compensation commission rules. This
notice must be printed with a title in at least 30 point bold type and text in at least 19
point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following
text, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related
to this construction project must be covered by workers' compensation insurance.
This includes persons providing, hauling, or delivering equipment or materials, or
providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer
has provided the required coverage, or to report an employer's failure to provide
coverage."
1 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive
Branch of the federal government, contractor covenants that neither it nor any officers,
members, agents or employees who engage in the performance of this contract shall, in
connection with such employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate
SPECIAL INSTRUCTIONS TO BIDDERS
- 12-
l
S
against any person because of their age except on the basis of a bona fide occupational
qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents or employees
acting on their behalf, shall specify in solicitations or advertisements for employees to
work on those contract a maximum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qualification, retirement plan
or statutory requirement.
Contractor warrants that it will fully comply with the Policy and will defend, indemnify
and hold City harmless against any and all claims or allegations filed by third parties
against City arising out of Contractor's alleged failure to comply with the Policy in the
performance of this contract.
18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the
Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not
unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability, terms or conditions of employment for applicants
for employment with, or current employees of, Contractor. Contractor warrants that it
will fully comply with the ADA's provisions and any other applicable federal, state, or
local laws concerning disability and will defend, indemnify and hold City harmless
against any and all claims or allegations filed by third parties against City arising out of
Contractor's alleged failure to comply with the ADA in the performance of this contract.
END OF SECTION
J
J
1 SPECIAL INSTRUCTIONS TO BIDDERS
JIi
- 13-
CITY OF FORT WORTH, TEXAS
CON"TRAC"T
THE STATE OF TEXAS
IKNOW ALL BY THESE PRESENTS
ICOUNTY OF TARRANT
This agreement made and entered into this the 14 day of June A.D., 2011, by and between the
I CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing
under and by virtue of a special charter adopted by the qualified voters within said City on the I I th 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, JLB Contracting,
LLC, HEREINAFTER CALLED Contractor.
WITNESSETH: That said parties have agreed as follows:
1.
IThat 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,
I the said Contractor hereby agrees with the said Owner to commence and complete the construction of
certain improvements described as follows:
HMAC Surface Overlay 2011-7
2.
That the work herein contemplated shall consist of furnishing as an independent contractor all
labor, tools, appliances and materials necessary for the construction and completion of said project in
accordance with the Plans and Specifications and Contract Documents prepared by the Department of
Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by
the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are
hereto attached and made a part of this contract the same as if written herein.
3.
The Contractor hereby agrees and binds himself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Department of Engineering of the City
of Fort Worth.
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
commencement thereof and to fully complete and finish the same ready for the inspection and approval of
the Department of Transportation of the City of Fort Worth and the City Council of the City of Fort
Worth within a period of One Hundred Twenty(120)days.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract
Documents within the time so stipulated, plus any additional time allowed as provided in the General
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
sum of$315 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.
I 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
I to take over the work and complete same in accordance with the Contract Documents or to take charge of
and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost
to the said City shall exceed the contract price or prices set forth in the said plans and specifications made
I 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
IContractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the
project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify,
I hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and
against any and all claims or suits for property loss, property damage, personal injury, including death,
arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor,
I its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury,
damage or death is caused, in whole or in part, by the negligence or alleged negligence of
Owner, its officers, servants, or employees, Contractor likewise covenants and agrees to indemnify
I and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and
employees and any damage, loss or destruction to property of the Owner arising from the performance of
any of the terms and conditions of this Contract, whether or not any such injury or damage is
caused in whole or in part by the negligence or alleged negligence of Owner, its officers,
servants or employees..
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior
to final payment, final payment shall not be made until Contractor either (a) submits to Owner
satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b)
provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred
to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public
work from a Contractor against whom a claim for damages is outstanding as a result of work performed
under a City Contract.
7.
The Contractor agrees, on the execution of this Contract, and before beginning work, to make,
execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor
and/or materials furnished in the prosecution of the work, such bonds being as provided and required in
Texas Government Code Section 2253, as amended, in the form included in the Contract Documents,
i
and such bonds shall be for 100 percent (100%) of the total contract price, and said surety shall be a
surety company duly and legally authorized to do business in the State of Texas, and acceptable to the
City Council of the City of Fort Worth.
I
8.
ISaid City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the
aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal
I submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in
monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of
invoice from the Contractor. The agreed upon total contract amount(including/excluding)alternates n/a,
I shall be Seven Hundred Seventy Seven Thousand Nine Hundred forty Three Dollars and Sixty Five
Cents... Dollars,($777,943.65).
9.
I
It is further agreed that the performance of this Contract, either in whole or in part, shall not be
I sublet or assigned to anyone else by said Contractor without the written consent of the Director of the
Department of Engineering.
I 10.
IThe Contractor agrees to pay at least the minimum wage per hour for all labor as the same is
classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto
and made a part hereof the same as if it were copied verbatim herein.
11.
I
It is mutually agreed and understood that this agreement is made and entered into by the parties
I hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of
the State of Texas with references to and governing all matters affecting this Contract, and the Contractor
agrees to fully comply with all the provisions of the same.
IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 7
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 7 counterparts with its corporate seal attached.
IDone in Fort Worth,Texas,this the 14 day of June,A.D.,2011.
I
1
AP OVAL RECOMMENDED: CITY OF FORT WORTH
L tj �J�- .
DOUGLA W. WIERSIG, P.E.
DIRECTOR, DEPARTMENT OF
TRANSPORTATION/PUBLIC WORKS FERNANDO COSTA,ASST CITY MANAGER
ATTEST:
JLB Contracting,LLC
IP.O.Box 24131
Fort Worth,TX 76124
ICONTRACTOR n
0pn'
/ CITY SECRETARY 0 °°p°Gc '�•',
I (SEAL)
0
Japp �• Ij °000ao��° .d
,Hum hre President of
I TITLE JLB CONTRACTING, l
APPROVED AS TO FORM AND
P.O.Box 24131 L GALIT
Fort Worth, TX 76124
ADDRESS
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH9 TX
ASST. CITY ATTORNEY
November 1960
Revised May 1986
Revised September 1992
Revised March 2006 C' L4 C6
Contrac'u- Aut_h(Dri zatior m
�ILV t
Date