HomeMy WebLinkAboutContract 31751 r CITY SECRET � /
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D,01- FILE
SPECIFICATION CITY SECRETARY3
CC)NTRACTCR' BONDING co AND CONTRACT NO.
,_, 'CT,'OrJ'S j�-GRy
CONTRACT DOCUMENTS
FOR
H.M.A. C . SURFACE OVERLAY (2005-8)
AT VARIOUS LOCATIONS
IN THE CITY OF FORT WORTH, TEXAS
DOE PROJECT NO. 4746
TPW PROJECT NO. GS93 -020930522710
2005
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on MIKE MONCRIEF CHARLES R. BOSWELL
MAYOR CITY MANAGER
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ROBERT D. GOODE, P. E . , DIRECTOR
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
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A. DOUGLAS RADEMAKER, P . E. , DIRECTOR
DEPARTMENT OF ENGINEERING
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PREPARED BY DEPARTMENT OF ENGINEERING
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COUNCIL ACTION: Approved on 4/12/2005 -Ordinance No. 16372-04-2005
DATE: 4/12/2005 REFERENCE NO.: **C-20648 LOG NAME: 30HMACJRJ
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of Contract to JRJ Paving, LP, for
H.M.A.C. Surface Overlay 2005-8 at Various Locations
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to transfer $273,976.10 from the Water and Sewer Operating Fund to the
Water Capital Project Fund in the amount of$136,988.05 and Sewer Capital Project Fund in the amount of
$136,988.05;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Water
Capital Project Fund in the amount of$136,988.05 and the Sewer Capital Project Fund in the amount of
$136,988.05, from available funds; and
3. Authorize the City Manager to execute a contract with JRJ Paving, LP in the amount of$497,952.20 for
110 working days for H.M.A.C. Surface Overlay 2005-8 at Various Locations.
DISCUSSION:
In the FY2004-2005 Contract Major Maintenance Program, various types of street maintenance techniques
are grouped into specific contract packages. H.M.A.C. Surface Overlay 2005-8 at Various Locations
provides for surface and base rehabilitation, replacement of failed curb and gutter, sidewalk, and driveway
approaches for asphalt streets at various locations.
The proposed street improvements !.,vill be conducted after the replacement of water and/or sewer mains
under a separate contract. The cost for the proposed street improvements will be shared equally (50/50)
between the Transportation and Public Works Department and the Water Department.
Following is a summary of the streets included in this project:
Street From To
West 4th Street Dorothy Lane Westview Avenue
West 5th Street Bell Place Westview Avenue
West 6th street Bell Place Westview Avenue
West 7th Street Bell Place Hillcrest Drive
Rivercrest Drive Monticello Drive West 7th Street
Dorothy Lane Lenox Drive West 5th Street
Bell Place West 4th Street West 7th Street
Virginia Place Potomac Avenue West 7th Street
Westview Avenue Monticello Drive West 7th Street
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% of the contract award.
This project was advertised on December 30, 2004 and January 6, 2005. On February 3, 2005, the
following bids were received:
Bidders Amount Time of Completion
JRJ Paving. LP $497,952.20 110 Working Days
All-Tex Paving, Inc. $508,741.00
Austin Bridge & Road, LP $509,444.70
Peachtree Construction, LP $514,711.00
JLB Construction, LP $516,422.10
APAC-Texas, Inc. $517,395.00
JRJ Paving, LP is in compliance with the City's M/WBE Ordinance by committing to 27% M/WBE
participation. The City's goal on this project is 20%.
In addition to the contract cost, $12,500 (Water: $6,250; Sewer: $6,250) is required for inspection and
$12,500 (Water: $6,250; Sewer: $6,250) is required for project contingencies.
This project is located in Council District 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of recommendation one, and adoption of
the appropriation ordinance, funds will be available in the current budget, as appropriated, of the Water and
Sewer Capital Projects Fund and the Contract Street Maintenance Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1�_ $136_988.05 1_)PE45 538070 0609020 $136,988.05
1&2)PS58 472045 070580175750 $13_6988.05 1)PE45 538070 0709020 _ 136 988.05
2_)_PW53_531350 030530176380 $6,250.00 3) $124 488.05
2) W53 541200 060530176380 $130738.05 3)PS58 541200 070580175750 $124,488.05
2)PS58 531_350 030580175750 $6,250.00 GS93 541200 020930522710 $248,976.10
2�PS58 541200 070580175750 X130 738.05
Submitted for City Manager's Office by_ Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
ATTACHMENTS
30HMACJRJ.pdf
Bond No. 08802813
sw PERFORMANCE BOND
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
Colonial American Casualty
That we (1) JRJ Paving, LP as Principal herein, and (2) and Surety Company, a corporation
organized under the laws of the State of(3) Maryland ,and who is authorized to issue surety bonds in the State
of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in
.� Tarrant and Denton Counties,Texas,Obligee herein, in the sum of:
FOUR HUNDRED NINETY-SEVEN THOUSAND NINE HUNDRED FIFTY-TWO AND
20/100..................................................................................................................
($497,952.20)Dollars for the payment of which sum we bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
APR 1 2 2005
WHEREAS, Principal has entered into a certain contract with the Obligee dated the_of ,2005
a copy of which is attached hereto and made a part hereof, for the construction of:
.. HMAC Surface Overlay 2005-8 at Various Locations
NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform
the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold
harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and
reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then
this obligation shall be void; otherwise, to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government
Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such
statute,to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have
executed this instrument. APR 1 2 2005
SIGNED and SEALED this_of ,2005.
ATTEST:
JRJ Paving,LP
(Principa) ecret ry RINCIPAL(4)
BY: �W� /
Title: (�1ttN P,1'��$�lYhltf(N4 O�
(SEAL) 2277 N. Marsch Branch Rd.
1 Denton,TX 76027
(Address)
I l-� Colonial American Casualty and Surety Company
Witness as to Principal Surety
Ad ess BY`
ATTEST: '' Robbi Morales, (Attorney-in-fact)(5)
�^ ! b
(Sure cretary 2711 N. Haskell Ave. , Suite 800
Dallas, TX 75204
(Address)
(SEAL) NOTE: Date of Bond must not be
rprior to date of Contract
(1) Correct Name of Contractor
(2) Correct name of Surety
Fm (3) State of incorporation of Surety
Telephone number of surety must be stated.
In addition,an original copy of Power of
Attorney shall be attached to Bond by
Attorney-in-Fact.
The date of bond shall not be prior to date of
`^ Contract.
Witness as to Suret
2711 N. Haskell e. , Suite 800, Dallas, TX 75204
(Address)
a
Bond No. 08802813
rPAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
IColonial American
That we,(1)JRJ Paviniz,LP,as Principal herein, and(2) Casualty and Surety Company, a
corporation organized and existing under the laws of the State of(3) Maryland , as surety, are held and
firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas,
Obligee herein, in the amount of FOUR HUNDRED NINETY-SEVEN THOUSAND NINE HUNDRED FIFTY-
TWO AND 20/100.............................. Dollars ($497,952.20)for the payment whereof,the said Principal and Surety
bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by
these presents: APR 1 2 2m
WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the_day of
2005, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if
copied at length, for the following project:
HMAC Surface Overlay 2005-8 at Various Locations
r
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully make payment to each and every claimant(as defined in Chapter 2253, Texas Government Code, as
amended)supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be
void; otherwise,to remain in full force and effect.
rPROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government
Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said
statute,to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have
executed this instrument. —
SIGNED and SEALED this day of, 2005.
R 1 2 ZU6
r
r
..
JRJ Paving, LP
PRINCIPAL
By:
Name: I'AW+tf Nuohil
Zr� cip`al) Secretary _
Title: hLe 1 p�
"SRMT Ho :n S�LLL �tg)&yn,ro -P4 „
(S E A Lj Address- 2277 N. Marsch Branch
%Witnes
Denton, TX 76027
s`to Principal Colonial American
Casualty and Surety Company
SURETY-
�. ATT�ST: By:
Name: Robbi Morales
Secretary J Attorney in Fact
(S E A L) Address: 2711 N. Haskell Ave. , Suite 800
+s. Dallas, TX 7204
V V�
Witness as to Sur t Telephone Number: 214/989-0000
NOTE: (1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of
Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
Bond No. 08802813
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
Colonial American
That JRJ Paving, LP ("Contractor"), as principal, and Casualty and Surety Company a
corporation organized under the laws of the State of Maryland I ("Surety"), do hereby
acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal
Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant
County, Texas, the sum of FOUR HUNDRED NINETY-SEVEN THOUSAND NINE HUNDRED FIFTY-
TWO AND 20/100.......................................................................................................... Dollars
r ($497,952.20), lawful money of the United States, for payment of which sum well and truly be made
unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs,
executors, administrators, assigns and successors, jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, s ftCpn�ractor has this day entered into a written Contract with the City of Fort
Worth, dated the _ orrfrcrc 11 N Z �2005, a copy of which is hereto attached and made a part hereof,
for the performance of the following described public improvements:
HMAC Surface Overlay 2005-8 at Various Locations
the same being referred to herein and in said contract as the Work and being designated as project
number(s) GS93-020930522710 and said contract, including all of the specifications, conditions,
addenda, change orders and written instruments referred to therein as Contract Documents being
incorporated herein and being made a part hereof; and,
WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct
the work that it will remain in good repair and condition for and during a period of after the date of the
final acceptance of the work by the City; and
WHEREAS, said Contractor binds itself to maintain said work in good repair and
condition for said term of Two (2) years; and
WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in
part at any time within said period, if in the opinion of the Director of the City of Fort Worth
Department of Engineering, it be necessary; and,
WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to
repair or reconstruct said Work as herein provided.
NOW THEREFORE, if said Contractor shall keep and perform its said agreement to
maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said
Contract, these presents shall be null and void, and have no force or effect. Otherwise, this
Bond shall be and remain in full force and effect, and the City shall have and recover from
Contractor and Surety damages in the premises as prescribed by said Contract.
i
This obligation shall be a continuing one and successive recoveries may be had hereon
for successive breaches until the full amount hereof is exhausted.
IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each of which
shall be deemed an original, this_day of�' ,i•'a`..D. 2005.
ATTEST: JRJ Paving, LP
(S E L) Contractor
By: U�*�(
Secretary Name: mAM4 Inal',r?` I
Title: jMMA )-1 eSfl - fKG�
"SRrnr 1-ha{A,n�3,!_t.f. 6k'ner-,I F>,, ril w,r�
Colonial American
ATTEST: Casualty and Surety Company
(S E A L) Surety
By: �
Secretary Name: Robbi Morales
Title: Attorney-in-fact
2711 N. Haskell Ave. , Suite 800
Dallas, TX 75204
Address
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
rCOLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the Sta,e'p, aryland, by PAUL C.
ROGERS. Vice President, and T.E. SMITH, Assistant Secretary, in pursuance of u 1 y Article VI,Section 2,
of the By-Laws of said Companies, which are set forth on the reverse s, wt�;� i d iere i ied to be in ful I force
and effect on the date hereof, does hereby nominate,constit � yRNELL,Robbi
MORALES, Lisa M.BONNOT,Anuj JAIN,CIF's X*W, 1l R� e�J ��R.,all of Dallas,Texas, EACH
its true and lawful went and Attorne i ct toV � `xecu eT1 i� � or, and on its behalf as surety, and as its
act and deed: any and all i2 �4h in ) "FsV�iori�ds on behalf of Independent Executors Community
Survivors and Couartlians. an��Jc .l��n of such bonds or undertakings in pursuance of these presents,
shall be as binding n-said�orr i f6liy and amply, to all intents and purposes, as if they had been duly executed
and acknowledged b� 3�,5Jr1 cted officers of the Company at its office in Baltimore, Md., in their own proper
persons. This power`pj� ft6rney revokes that issued on behalf of Jerry P. ROSE, Don E. CORNELL,Robbi MORALES, Lisa
M. BONNOT, Kathleen DAY, Sheila YOUNG, Christopher J. KUTTER,Luke J. NOLAN, Anuj JAIN,dated July 31, 2002.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 19th day of April,A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"o ntvps,
r
� +cP�L (• 4rw
BBAL
By:
T. E. Snaith Assistant Secretary Paul C. Rogers Vice President
State of Maryland
ss:
City of Baltimore
On this 19th day of April, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
rIN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
nI.
.
Dennis R. Hayden Notary Public
My Commission Expires: February I, 2005
POA-F 168-0589
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day of
APR 12 2005
,
Ash.crunt Secrerury
ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American
Insurance Company, and American Guarantee and Liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
per.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act) under this bond is
$waived—. This amount is reflected in the total premium for t} is bond.
Disclosure of Availability of Coverage for Terrorism Losses
As-required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting
from acts of terrorism(as defined in the Act)with terms, amounts, and limitations that do not differ materially as those
for losses arising ftom events other than acts of terrorism.
Disclosure of Federal Share of Insurance Compan-y's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
In insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid
losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1%of direct earned
premium in the prior year;for 2003, 7%of direct earned premium in the prior year;for 2004, 10% of direct earned
premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an
Insurance company's losses above its deductible is 90019. In the event the United States government participates in
losses, the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insuranoe Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,
In concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49, United 17 States Code)or a United States flag vessel(or a vessel based
principally in the United States, on which United States income tax Is paid and whose Insurance coverage is
subject to regulation in the United States), or the premises of a United States mission;and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
Interest as part of an effort to coerce the civilian population of the United States or to Influence the policy or
affect the conduct of the United States Government by coercion.
But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the
aot, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurloh Amerloan Insmanoe Corapany 2003
0
D Fidelity and Deposit Company of Maryland
Home Office: P.O. Box 1227. Baltimore. MD 212031227
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland or Colonial American Casualty and
Surety Company's toll-free telephone number for information onto make a complaint at:
1-800-654-5155
You may contact the Texas Department of Insurance to obWn information on companies.
coverages. rights. or complaints at:
1-800-252-3439
1
You may write the Texas Department of Insurance:
r P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
EREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim.you should first contact Fidelity and Deposit Company of Maryland or'Colonlal
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of insurance,
ATTACH TUN NOTICEM2 YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
fall+IlRT�tllWft)OI 4 6
ow
CITY OF FORT WORTH,TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
a" COUNTY OF TARRANT
APR 1 2 2005
This agreement made and entered into this the day of A.D., 2005, 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 11'x' 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, JRJ Paving, LP,
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:
HMAC Surface Overlay 2005-8 at Various Locations
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
..
so the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth
within a period of 110 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 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety
shall be liable to the Owner for such deficiency.
5.
Should the Contractor fail to begin the work herein provided for within the time herein fixed or to
carry on and complete the same according to the true meaning of the intent and terms of said Plans,
Specifications and Contract Documents, then the Owner shall have the right to either demand the surety
to take over the work and complete same in accordance with the Contract Documents or to take charge of
and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost
to the said City shall exceed the contract price or prices set forth in the said plans and specifications made
a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and
specifying an itemized statement of the total cost thereof, said excess cost.
PM
6
IM Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the
project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify,
hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and
Ma against any and all claims or suits for property loss, property damage, personal injury, including death,
arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor,
its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury,
MW 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
and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and
P• 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 bV the negligence or alleged negligence of Owner, its ofrcers,
on servants or employees..
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior
on 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.
PM
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
M" under a City Contract.
7.
ow
The Contractor agrees, on the execution of this Contract, and before beginning work, to make,
RM 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
am
ON and/or materials furnished in the prosecution of the work, such bonds being as provided and required in
Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract
Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a
PM 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.
OW
8.
�Em Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the
aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal
submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in
'" monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of
invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a,
shall be FOUR HUNDRED NINETY-SEVEN THOUSAND NINE HUNDRED FIFTY-TWO AND
�• 20/100................................................................................................Dollars,($497,952.20).
e„ 9.
It is further agreed that the performance of this Contract, either in whole or in part, shall not be
sublet or assigned to anyone else by said Contractor without the written consent of the Director of the
Department of Engineering.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is
classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto
and made a part hereof the same as if it were copied verbatim herein.
11.
It is mutually agreed and understood that this agreement is made and entered into by the parties
hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of
the State of Texas with references to and governing all matters affecting this Contract, and the Contractor
agrees to fully comply with al I the provisions of the same.
rIN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 6
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
r corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in 6 counterparts with its corporate seal attached.
APR 1 221105
Done in Fort Worth, Texas, this the_day of , A.D., 2005.
r
r
RECOMMENDED: 6T F F RTOR
BY:
DIRECTOR, DEPARTMENT OF ASSISTANT CI AN GER
ENGINEERING
APPROVED: 4 C!
CITY SECRET Y
TRANSPORTATION/PUBLIC WORKS (SEAL)
DIRECTOR
1 -r
Contract Authorization
JRJ PAVING,LPA i1-00
(Contractor) Date
BY: JRMJ HOLDINGS, LLC
Its General Partner
4ASS .
ED AS T AND
TY:
BY:
(Representative) ATTORNEY
Business Manager
(TITLE)
2277 N.MASCH BRANCH ROAD
DENTON, TX 76207
November 1960
Revised May 1986
Revised September 1992
Revised January 1993
Revised April 1999
Revised June 1999