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HomeMy WebLinkAboutContract 29214 w r 10-27-03P03 : 06 RCVD CITY SECRETARY tH1s copy CONTRACT NO. -cpM�R SPECIFICATION 0*ffRACTOR'S BONDING CO. AND mo SECitE' _,,,__GiY MANAGEICS OFFICE CONTRACT DOCUMENTS ENGINENING Div. FOR T/pw-w COPY ------------ H.M.A.C. SURFACE OVERLAY (2003-23) - AT VARIOUS LOCATIONS Project No. GS93-020930522510 IN THE CITY OF FORT WORTH, TEXAS 2003 MIKE MONCRIEF GARY W. JACKSON "^ MAYOR CITY MANAGER ROBERT D. GOODE, 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 F E/ N..... a EXHIBIT "A" � • ................ ... !� SUSAN 1 SCHWINGER �r to City of Fort Worth, Texas "Vagorr And Council communication �. DATE REFERENCE NUMBER LOG NAME PAGE 9/23/03 **C-19757 20HMAC03-23 1 of 2 SUBJECT AWARD OF CONTRACT TO JLB CONTRACTING, LP FOR HMAC SURFACE OVERLAY 2003-23 AT VARIOUS LOCATIONS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with JLB Contracting, LP in the amount of$685,355.90 for 60 working days for H MAC Surface Overlay 2003-23 at Various Locations. DISCUSSION: In the FY2002-2003 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. HMAC (hot mix asphaltic concrete) Surface Overlay (2003-23) at Various Locations provides for surface and base rehabilitation, curb and gutter, and valley gutter replacements for asphalt streets funded from the Contract Street Maintenance Fund. The following list details the limits for each of the streets included in this project: STREET FROM TO MAPSCO CD* Baseline Lane Courtside Drive Bradingshire Place 103A 6 Brandingshire Place Wind Crime Drive Trail Lake Drive 103B 6 Briarwild Court North cul-de-sac Foxfire Way 103B 6 Candleberry Court North cul-de-sac Foxfire Way 103B 6 Candlestick Court North cul-de-sac Foxfire Way 103B 6 Courtside Drive Brandingshire Place Brandingshire Place 103A 6 Foxfire Way Quail Hollow Road South Hulen Street 103B 6 Foxfire Way South Hulen Street Winchester Place 103B 6 Greenshire Place South Hulen Street Winchester Place 103B 6 Mill Pond Court Kingswood Drive West cul-de-sac 103B 6 Oak Grove Road East Altamesa Boulevard Everman Parkway 120E 8 Quail Hollow Court Kingswood Drive West cul-de-sac 103B 6 Quail Hollow Road Willow Way Road Kingswood Drive 103B 6 Redfield Drive Kingswood Drive Tall Meadow Lane 103F 6 Tall Meadow Lane North cul-de-sac South Hulen Street 103F 6 Volley Court North cul-de-sac Brandingshire Place 103A 6 Walla Avenue Wedgmont Circle South Winifred Drive 89X 6 Wilton Drive Altamesa Boulevard Cinnamon Hill Drive 103A 6 Winifred Drive Wedgmont Circle South South Hulen Street 89X 6 Wrigley Way Winifred Drive Kingswood Drive 89X 6 *COUNCIL DISTRICT The City also reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25% of the contract award. s� City of Fort Worth, Texas "Invor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/23/03 **C-19757 20HMAC03-23 2 of 2 SUBJECT AWARD OF CONTRACT TO JLB CONTRACTING, LP FOR HMAC SURFACE OVERLAY 2003-23 AT VARIOUS LOCATIONS This project was advertised for bid on June 12 and 19, 2003. On July 17, 2003, the following bids were received: BIDDERS AMOUNT JLB Contracting. LP $685,335.90 Sutton &Associates, L.P. $690,900.00 Peachtree Construction, Ltd. $704,395.00 Austin Bridge & Road, LP $708,041.50 APAC-Texas, Inc. $713,306.00 JLB Contracting, LP is in compliance with the City's M/WBE Ordinance by committing to 22% M/WBE participation. The City's goal on this project is 22%. This project is located in COUNCIL DISTRICTS 6 and 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Contract Street Maintenance Fund and the Street Improvements Fund. MO:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: Robert Goode 7804 (from) APPROVED 09/23/03 GS93 541200 020930522510 $675,340.90 Additional Information Contact: C111 541200 020111053250 $ 5,700.00 C115 541200 020115033120 $ 4,315.00 George Behmanesh 7914 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR H.M.A.C. SURFACE OVERLAY (2003-23) - AT VARIOUS LOCATIONS PROJECT NO. GS93-020930522510 IN THE CITY OF FORT WORTH, TEXAS 2003 00 A. DOUGLAS RADEMAKER, P.E. D TE DIRECTOR, DEPARTMENT OF ENGINEERING �:�a q- �0 4 GEORGE A. BEHMANESH, P.E. DATE ASSISTANT DIRECTOR TRANSPORTATION AND UBLIC WORKS DEPARTMENT D00 KIM, P.E. DATE CAPITAL PROJECT ENGINEER WATER DEPARTMENT 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. Maintenance Bond 13 . Contract 14. Project Designation Signs 15. Details 16. Street Locations t NOTICE TO BIDDERS Sealed proposals for the following project : H.M.A. C. SURFACE OVERLAY (2003-23) AT VARIOUS LOCATIONS Project No. GS93-020930522510 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas will be received at The Purchasing Office until 1:30 P.M. , July 17, 2003 and then publicly opened and read aloud at 2 :00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, r Fort Worth, Texas, 76102 . A pre-bid conference will be held at 10 :30 A.M. , June 24, 2003, in the Transportation and Public Works Conference Room 270, 2nd floor, Municipal Building. One set of documents will be provided to prospective bidders for a deposit of twenty dollars ($20 . 00) : such deposit will be refunded if the document is returned in good condition within 10 days after bids are opened. Additional sets may be purchased on G a non-refundable basis for twenty dollars ($20 . 00) per set . For additional information contact Ms. Susan L. Schwinger, P.E. at (817) 871-6529 . GARY W. JACKSON Robert D. Goode, Director City Manager Transportation and Public Works 9 0 - 03 PUBLICATION: By:A�ii � June 12, 2003 No ib N. Fares, P.E. , June 19, 2003 Street Program Manager, TPW OW SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible 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 days after the contract has been awarded. 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 hereinafter provided,without in any way invalidating the unit prices bid or any other 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 Department of Engineering Construction Division at(817) 871-7910. Bids that do not acknowledge all applicable addenda will be rejected as non- responsive. SPECIAL INSTRUCTIONS TO BIDDERS -I - I 4. AWARD OF CONTRACT: The contract, if awarded,will be awarded to the lowest responsive 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 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 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 the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City SPECIAL INSTRUCTIONS TO BIDDERS r -2- PM 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 A 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 practices. 8 WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth,Texas, and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering Director 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. 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 r 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 SPECIAL INSTRUCTIONS TO BIDDERS -3- it 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 $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 recovery in favor of the City. I. 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 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. SPECIAL INSTRUCTIONS TO BIDDERS -4- "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. A 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. 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 Department of Engineering ("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: IP 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 comply 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 SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of pa ent to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 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. • 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 and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. T- 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. 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 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 VP 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 SPECIAL INSTRUCTIONS TO BIDDERS -6- fm FM 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. on 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. 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 punch 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 progress 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. OZONE ALERT DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "OZONE ALERT DAYS". Typically,the Ozone Alert season within the Metroplex area runs from May through September,with 6:00 a.m. - 10:00 a.m.being critical ozone forming periods each day. The Texas Commission on Environmental Quality(TCEQ),in coordination with the National Weather Service, will issue the Ozone Alert by 3:00 p.m. on the afternoon prior to the alert day. On designated Ozone Alert Days, the Contractor shall bear the responsibility of being aware that such days have been designated Ozone Alert Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires rt' substantial use of motorized equipment. However, the Contractor may begin work earlier if such work minimizes the use of motorized equipment prior to 10:00 a.m. 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 Ozone Alert Day, that day SPECIAL INSTRUCTIONS TO BIDDERS -7- will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: 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 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 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 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. 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 FM persons providing services on the project; and P& SPECIAL INSTRUCTIONS TO BIDDERS -8- W* P' (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. ML E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. r► 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 t 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 and for one year thereafter. r (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and SPECIAL INSTRUCTIONS TO BIDDERS -9- h (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 OW 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 WF 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." 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 PM connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. SPECIAL INSTRUCTIONS TO BIDDERS -10- r lQontractor 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 rt" 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 W performance of this contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 C 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 Ma FM P& EW p 6-61 SPECIAL INSTRUCTIONS TO BIDDERS -11- CITY OF FORT`'NORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATES FOR 2000 ASPHALT RAKER $10.32 ASPHALT SHOVELER 9.75 BATC14ING PLANT WEIGHER 9.65 CARPENTER(ROUGH) 13.64 CONCRETE FINISHER-PAVING 10.16 CONCRETE FINISHER HELPER(PAVING) 9.70 CONCRETE FINISHER-STRUCTURES 13.44 FLAGGER 7.00 FORM BUILDER-STRUCTURES 13.44 FORM SETTER-PAVING&CURB 10.25 FORM SETTER-STRUCTURES 9.75 LABORER-COMMON 7.64 LABORER-UTILITY 8.64 MECHANIC 13.25 SERVICER 10.13 PIPE LAYER 7.35 PIPE LAYER HELPER 6.75 ASPHALT DISTRIBUTOR OPERATOR 11.45 ASPHALT PAVING MACHINE OPERATOR 11.09 CONCRETE PAVING SAW 10.53 CRANE,CLAMSHELL,BACKHOE,DERRICK,DRAGLINE,SHOVEL(<1 '�CY) 10.00 CRANE,CLAMSHELL,BACKHOE,DERRICK,DPAGLINE,SHOVEL(<1 '%CY) 11.52 FRONT END LOADER(2 1/.2 CY&Less) 9.94 FRONT END LOADER(over 2%z CY) 9.32 'P MILLING MACHINE OPERATOR 8.00 MIXER 11.00 MOTOR GRADER OPEATOR(FINE GRADE) 12.31 MOTOR GRADER OPERATOR 13.75 PAVEMENT MARKING MACHINE 11.00 ROLLER STEEL WHEEL PLANT-MIX PAVEMENTS 9.88 ROLLER,STEEL WHEEL OTHER FLATWHEEL OR TAMPING 12.12 ROLLER,PNEUMATIC,SELF-PROPELLED SCRAPER 8.02 TRAVELING MIXER 10.00 REINFORCING STEEL SETTER(PAVING) 9.75 TRUCK DRIVER-SINGLE AXLE(LIGHT) 8.00 TRUCK DRIVE TANDEM AXLE SEMI-TRAILER 10.22 TRUCK DRIVER-LOWBOY/FLOAT 10.54 TRUCK DRIVER-TRANSIT MIX 10.63 TRUCK DRIVER-WINCH 9.80 P R O P O S A L TO: MR. GARY W. JACKSON Fort Worth, Texas City Manager Fort Worth, Texas FOR: H.M.A.C. SURFACE OVERLAY (2003-23) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930522510 Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (f) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance, Payment and Maintenance Bonds acceptable to and approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 1 2 EA. Project Designation Sign @ Two Hundred Dollars & No Cents Per EA. $ 200.00 $ 400.00 S.P. 2 LUMP SUM Utility Adjustment @ Six Thousand _Dollars & No Cents Per L.S. $ 6,000.00 $ 6,000.00 406 3 60 EA. Manhole Adjustment @ 450 Three-hundred and Fifty Dollars S.P. & No Cents Per EA. $ 350.00 $ 21,000.00 406 4 88 EA. Water Valve Boxes Adjustment @ 450 Two-Hundred and Fifty Dollars & S.P. No Cents Per EA. $ 250.00 $ 22,000.00 S.P. 5 3 EA. Water Meter Boxes Adjustment @ Thirty-Five Dollars & No CMuts Per EA. $ 35.00 $ 105.00 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 104 6 2,450 L.F. Removal and Replacement of 502 Concrete Curb and Gutter @ S.P. Sf_06v- — CC -3 Dollars & (—_o Cents Per L.F. $ 7 104 7 450 S.Y. Removal and Replacement of 6" 504 Concrete Driveway S.P. /Dc-.�.t I:,.J['j Dollars & Cents Per S.Y. $ y 5 104 8 100 S.Y. Removal and Replacement of 4" 504 Concrete Sidewalks @ S.P. �Dollars & Q( Gr, Cents Per S.Y. 300 9 100 C.Y. Removal and Replacement of 304 H.M.A.C. Pavement and 312 Base (Base Repair) S.P. 1nek A F_%Q6± Dollars & Q 1j('L=Cece—uzPer C.Y. $ � - $ / 208 10 150 C.Y. Graded Crushed\Stones S.P. 1 wi 1JIOjE Dollars & t— Cents Per C.Y. $ 09 S.P. 11 38,000 L.F. Wedge Milling 2" to 0" Depth 5.0' Wide @ (�)t,C Dollars & VOL Cents Per L.F. S.P. 12 30 EA. h oint-bled @ Dollars & $ $ �� Cents Per EA. 300 13 98 TON H.M.A.C. evel-Up @ 312 f i \ JO Dollars & Cli Cents Per TON 312 14 91,000 S.Y. 2"H.M.A.C. Surface Course S.P. (Type "D" Mix) t Dollars & Q Cents Per S.Y. $ 3.9b o $ (QO-- 104 15 150 S.Y. Removal and Replacement of 7" 314 Concrete Ygey tter @ S.P. Dollars & -dents Per S.Y. $ 3 $ SSD P-2 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 314 16 100 S.Y. New 7"Sete Valley Gutter @ cr S.P. _Dollars & Cents Per S.Y. 104 17 40 S.Y. Standard 4" Reinforced Concrete 505 Wheelchair Itanpo @ S.P. Ft3vAASw��Dollars & Cents Per S.Y. $ 402 18 800 L.F. 6" PVC Perforated Pipe Subdrain @ 500 :J Dollars & 620 Cents Per L.F. Q S.P. 502 19 100 L.F. New Concrete Curb and Gutter @ -n c tu-3 Dollars & Cents Per L.F. 504 20 100 S.Y. New 4" Concrete Sidewalk @ Dollars & CeAts Per S.Y. 214 21 32,500 S.Y. 8" Pavement Pulverization @ S.P. _ _ FUoc) Dollars & disc I-ref Cents Per S.Y. $ $ 1� 214 22 423 TON Cement @ (3113L Dollars & Cents Per TON S.P. 23 5 EA. Remobilization @ Five Hundred Dollars & No Cents Per EA. $ 500.00 $ 2,500.00 a 106 24 100 C.Y. Unclassified 9treet Excavation S.P. ; Z tO Dollars & Cents Per C.Y. $ $ 1 Millin N Surface Miln S.P. 25 5,000 S.Y. 2 � ,9 �'° Dollars & Coats Per S.Y. Total Bid: -3 r f P-3 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) , prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within Sixty 60 Working Days from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of 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. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Encrineer for any locations. If the contractor fails to begin the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed ver Block Aer day. I (we) , acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Respectfully submitted, Addendum No. 1 (Initials) JLB CONTRACTING LP Addendum No. 2 (Initials) Company Name ��f Addendum No. 3 (Initials) By:cil�+y- A Signakure James G.Hum sident of Printed 4*VA§9t,9hF, General Partner Address: 1007 HARRISON AVE. ARLIN T 76011 (Seal) Date: Telephone: P-4 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as a low bidder, non-resident bidders(out-of-state contractors whose corporate offices or principal place of business are outside the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. L✓J Bidder: JLB CONTRACTING, LP Company By (Please Print) jeff HARRI6AN -U- Address ARLINGTON,TEXAS 76011 Si ature James G.Humphrey,President of JLB Management, Inc.,its General Partner City/State/Zip Title (Please Print) PIIS FORM MUST BE RETURNED WITH U 'OTATION FORT WORTH City of Fort Worth " Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the MIWBE goal Is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. s POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE)in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MMBE PROJECT GOALS The City's MBE/WBE goal on this project is :2 2b—%of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: r1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated,in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form,if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid dorm all subcontracting/supplier work: opening date, exclusive of the bid opening date. S. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid r to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED f NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MIWBE Office at(817)871-6104. Rev.5/30/03 JUL-23-03 WED 12:04 PM MWBE FAX:8178716185 PAGE 1 I ATTACHMENT IA Pape 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to des wi6e prime J L 0 G��.�-�,�► �� 4-P _� MM/DBENON-Mlw/D8E PROJECT NAME: BID DATE �iWs MNSE Pr*ct Ooal: Pr'une's MIWBE Project iliiAtioA: -^ PROJECT NUMBER % -2_7-- % ray q3 y%/o Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. fire(5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MNVBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being eonside-ed non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson,Collin, Dallas, Denton, Ellis,Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1"tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms,located or doing business at the time of bid opening within the Marketplace,that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA),or the Texas Department of Transportation(TX DOT), highway division, Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE fioTn, including M/WBE owner-operators, and receive full M/WBE credit. The R"BE may lease trucks from non-M/WBEs, Including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30M3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 JUL-23-03 WED 12:04 PM MWBE FAX:8178716185 PACE 2 ATTACWENT IA FORT, WOIj�H Page 2 of 4 Primes are required to Identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M WBEs. Please list MIW BE firms first,use adddional sheets if necessary. Certification N (check one) o SUBCONTRACTOWSUPPLIER T Company Name i N Detail Detail Address a IA INC X m Subcontracting Work Suppllas Purchased Dollar Amount Telephone/Fax r e B T W E E R O B C T E A 11'f Go Go 1•✓� 8 06 aro CV4-� t>a- PWA -7 Q 0 eo,r- (h?f7) y-meq- X063 ! �s e L 1 V v ��oo aZl� '1r1� 7(0020 g �000 ?Ieo Jul. SyI�I�/P 1::4 2-1 ✓ oma LLL +oc.�b•c.�� C��,/G 1` Rev.5130/031 *„ JUL-23-03 WED 12:04 PM MWBE FAX:8178716185 PAGE 3 I ATTACHMENT 1A Page 3 d a Primes are required to idendy A&L subcontractors/suppliers,regardless of status;i.e.,Minority.Women and non-MNVBEs. Please list MIWBE firms first,use additional sheets if necessary. Certification (check one) r SUBCONTRACTORISUPPLIER T r '~f Company Name ; N Detail Detail Address a AA yr C x t Subcontracting Work Supplies Purchased Dollar Amount e B T /Fo r Telephoneax r R O 1 E E C T L A Qvl+ao l4� -&-Y 767 1.2- qq L'/��G+w4�r. 1� '700$3 Ge✓Ci- GJa 3 io 3 2 L,�„✓was n�$� 1 3�l/ w, rhos•-y b,� , T--,O -75-247 70- ISP t 1 Ray.S/3p103 JUL-23-03 WED 12:04 PM MWBE FAX:8178716185 PAGE 4 ATTACHMENT M FORT WORTH Pogo a of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ /5- Total STotal Dollar Amount of Non-MMBE Subcontractors/Suppliers $ .5 `19 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORSISUPPLIERS $ The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Additlon. Any unjustified change or deletion shall be a material breach of contract and may result in debarment In accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MNVBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MNWIDBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the trarsmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work ti performed by the MM/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts witl be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. James G.Humphrey,President of —� JLB Manapernent,Inc.,fts General Partner MenorAxt NsmNTrue tri drra.M► JLB CONTRACTING, LP _( "�) Z4.1 - z 9p comp"mm"D T wmVw Fax Ad**" ARLINGTON, MARAISAN AY& , e.mmr�oanss ARLINGTON,TEXAS 76011 ow. Rev.5/30!03 e„ , M/WBE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works Official Date: , 71, 10a, Official Time: C�I : Bid Date: 2,_/JI/ 03 Project Name: �k m A-(, . aa03 -a3 Project Manager. scvwW\YVOICC Forms Submitted By Name: Company: LE Con-yraa r-3 , L r Received By: 006: Nr c I CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR: H.M.A.C. SURFACE OVERLAY (2003-23) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930522510 1.SCOPE OF WORK: The work covered by these details and specifications consists of the removal (only) of all existing traffic buttons, removal and replacement of existing concrete curb and gutter and driveways and existing base repair and the addition of a new surface layer of H.M.A.C. for those streets designated as Mill Overlay (MOL) . For those streets designated as Pulverized Overlay (POL) , the work consists of the same removal and replacement items as described above, surface & base rehabilitation of existing pavement with cement and the addition of a new surface layer of H.M.A.C. These items are described in the Special Provisions of these specifications. The work also consists of all other miscellaneous items of construction to be performed as outlined in the details and specifications which are necessary to satisfactorily complete the work. The Contractor shall mobilize within ten (10) calendar days of the notice given by the Construction Engineer for any locations. If the contractor fails to begin the work within ten (10) calendar days, a $200 or dollars liquidated damage will be assessed per Block per day. The contractor is encouraged to conduct site visits and survey all these possibilities. The contractor shall verify these locations with the Construction Engineer. For street locations see list at the back of this document. At the sole discretion of the City, the City reserves the right to add, delete or substitute streets in this contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or 1W minus (t) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. All short cul-de-sac streets and turnouts that intersect with a street to be repaired shall be included in this contract, even though they may not be listed on a Work Order due to their size. The contractor shall mill, clean, apply tack coat, overlay and adjust facilities. Total quantities given in the bid proposal may not reflect actual quantities, but represent the best estimate based on a reasonable effort of investigation; however, they are given for the purpose of bidding on and awarding the contract. r SP-1 r 2. Contract will be awarded to the lowest responsible bidder. 3. The Contractor agrees to complete the Contract within the allotted number of days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Construction of the City of Fort Worth, Texas. 4. The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. FS. This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION-CITY OF FORT WORTH and STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort Worth IF, document rather than Division 1 of the North Central Texas document. E A copy of these specifications may be purchased at the office of the Department of Engineering, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 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 two (2) years 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. See Special Instructions to Bidders Item No. 14 for further requirements. 8. TRAFFIC CONTROL: The contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. A traffic control plan shall be submitted for review to Mr. Charles R. Burkett, City Traffic Engineer @817-871-8770 at least 10 working days SP-2 prior to the preconstruction conference. Although work will not begin until the traffic control panel has been reviewed, the Contractors time will begin in accordance with the time frame established in the Notice to the Contractor. 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 Depart- meat, Signs and Markings Division (phone number 871-7738) , to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced 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 upon the approval of the City Engineer. Work shall not be performed on certain locations/streets during "peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas.- See Special Instructions to Bidders Item No. 15, for further work time restrictions on Ozone Alert Days with substantial use of motorized equipment. 9. PAYMENT: The Contractor will receive bi-weekly payment (minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. See Special Instructions to Bidders Item No. 14 for further requirements. 10. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the 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 SP-3 work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 11. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 111. 12. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator") , of the location of all sites where the 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) and a flood plain permit issued. All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's 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 Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 13. During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 14. Final cleanup work shall be done for this project as soon as the work has been completed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. SP-4 15. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 16. CONSTRUCTION SCHEDULE: It shall be the responsibility of the Contractor to furnish the Construction Engineer, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for cleanup. 17. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING --UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hood connections. (3) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Co.) which will erect temporary mechanical barriers, de- energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company, and shall record action taken in each case. (4) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3) . 18. RIGHT TO AUDIT: Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract is made by City, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this contract. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct SP-5 audits in compliance with the provisions of this section. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with Article VI. City shall give the subcontractor reasonable advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Contractor and/or subcontractor for the cost of copies at the rates as contained in the Texas Administrative Code at the time payment is made. CONSTRUCTION The City of Fort Worth maintains a "CONFINED SPACE ENTRY PROGRAM" for its employees and all contractors and their sub-contractors must comply with this program as a condition of the contract. All active sewer manholes, regardless of depth, are defined as "permit required confined spaces". Contractors will be required to complete the "CONFINED SPACE ENTRY PERMIT" used by the Fort Worth Water Department (Field Operations Division) for each entry and possess and use the equipment necessary to comply with this program. The cost of complying with this program will be considered subsidiary to the pay items involving work in confined spaces (e.g. vacuum testing, cleaning, televising, construction, etc.) . 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. NON-PAY ITEM NO. 2 - REMOVAL OF TRAFFIC BUTTONS AND TEMPORARY LANE TAPE: All traffic buttons shall be removed from the existing asphalt surface before resurfacing begins. The contractor shall be responsible for the removal of all buttons. Upon completion of the job the City will install new buttons after proper notification. The contractor shall also be responsible for all materials, equipment and labor to place temporary adhesive lane marking tape, at locations as directed by the Construction Engineer, to direct traffic flow until permanent markers are installed. The contractor shall notify the Construction Engineer to arrange for the replacement of the buttons and adhesive lane markers (arrows, etc.) . All costs to the contractor shall be figured as subsidiary to this contract. SP-6 NON-PAY ITEM NO. 3 - LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the resurfacing process commences for a particular street. The contractor shall attempt to include the Construction Engineer (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum of two (2) working days before resurfacing begins on any street. Marking the curbs with paint is a recommended procedure. It shall be the contractors responsibility to notify the utility companies that he has commenced work on the project. As the resurfacing is completed (within same day) the contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the contractor shall notify the utilities of this completion and indicate the start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: Company Telephone Number Contact Person Southwestern Bell Telephone 817-338-6202 Mr. Gary Tillory Oncor Electric- Downtown 817-215-6424 Mr. Scott King - other than Downtown 817-215-6688 Mr. Robert Martinex Oncor Gas - N. of Trinity River 817-624-6066 Mr. Danny Cleveland S. of Trinity River 817-215-4306 Mr. Tony Marlow CFW Street Light and Signal 871-8100 Mr. Edward Whitley Of course, under the terms of this contract, the contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. Any deviation from the above procedure and allotted working days may result in the shut down of the resurfacing operation by the Construction Engineer. The contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the contractor shall be figured subsidiary to this contract. PAY ITEM NO. 1 - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. SP-7 It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting, and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of construc- tion. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be 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. I� PAY ITEM NO. 2 - UTILITY ADJUSTMENT: This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer, and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An PP arbitrary figure has been placed is the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjust- ments. PAY ITEM NO. 3 - MANHOLE ADJUSTMENT: This item shall include adjusting the tops of existing manhole to match proposed grade as shown on the plans, is the detail at the back of this document or as directed by the Engineer. Standard Specification Item Nos. SP-8 450 "Adjusting Manholes and Inlets" and 406 "Concrete for Structures" shall apply except as herein modified. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Work shall be completed and street open to traffic within seven (7) calendar days. If the contractor fails to complete the work within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each manhole per day. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing manholes. The Engineer will field verify this inventory and provide the Contractor replacements for broken manhole covers. The contractor shall replace the manhole covers which are damaged during construction at no cost to the City. Included as part of this pay item shall be the application of a cold-applied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections, as per current City Water Department Special Conditions. The unit price pre bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITER! NO. 4 - WATER VALVE BOXES ADJUSTMENT: Contractor will be responsible for adjusting water valve boxes to match new pavement grade. The water valves themselves will be adjusted by City of Fort Worth Water Department forces. Prior to beginning of work, the Contractor shall make an inventory of the condition of existing water valve boxes. The Engineer will field verify this inventory and provide the Contractor replacements for broken valve boxes. The contractor shall replace the valve boxes which are damaged during construction at no cost to the City. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Work shall be completed and street open to traffic within seven (7) calendar days. If the contractor fails to complete the work within seven (7) calendar days, a $100 dollar liquidated damage will be assessed per each water valve box per day. The unit price pre bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. SP-9 PAY ITEM NO. 5 - WATER METER BOX ADJUSTMENT: This item only apply when the adjacent curb and gutter has been determined to be removed and replaced as directed by the Engineer. The adjustment shall include raising or lowering the existing water meter box to the proper grade. The unit price pre bid per each will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO.6-REMOVAL AND REPLACEMENT OF CONCRETE CURB AND GUTTER: These provisions require the contractor to remove all failed existing curb and gutter, as designated by the Construction Engineer, and replace with standard concrete curb and gutter, laydown curb and gutter, or in like kind, as governed by the standard City Specifications, Item No. 104 "Removing Old Concrete", Item No. 502 "Concrete Curb and Gutter", and Drawing Nos. S-S2 through S-S4. Pay limits for laydown curb and gutter are as shown in Drawing No. S-S5 of the Standard Specifications. Contractor shall sawcut the curb and gutter and pavement prior to removal. Included, and figured subsidiary to this unit price, will be the required sawcut excavation, as per specification Item No. 106 "Unclassified Street Excavation", into the street to aid in the construction of the curb and gutter. The pay limit will be 9" out from the gutter lip, with same day haul-off of the removed material to a suitable dump site. The street void shall be filled with H.M.A.C. Type "D" mix as per specification No. 300 "Asphalts, Oils, and Emulsions", Item No. 304 "Prime Coat" and Item No. 312"Hot Mix Asphaltic concrete" and compacted to standard City densities. Top soil as per specification Item No. 116 "Top Soil", if needed, shall be added and leveled to grade behind the curb. Existing improvements within the parkway such as water meters, sprinkler system, etc. damaged during construction shall be replaced with same or better at no cost to the City. Backfill for curb and gutter shall be completed within fourteen (14) calendar days from the day of demolition to date of completion. If the contractor fails to complete the work within fourteen (14) calendar days, a $100 dollar liquidated damage will be assessed per block per day. The unit price bid per linear foot shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO. 7 -REMOVAL AND REPLACEMENT OF 6" CONCRETE DRIVEWAYS: This item shall include the removal and replacement of existing concrete driveways, due to deterioration or in situations where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul- off of the removed material to a suitable dump site. For specifications governing this item see Item No. 104 "Removing Old Concrete", Item No. 504" Concrete Sidewalk and Driveways". Pay limits for concrete driveway SP-10 are as shown in Drawing No. S-S5 of the Standard Specifications. The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals. necessary to complete the work. PAY ITEM NO a - REMOVAL AND REPLACEMENT OF 4" CONCRETE SIDEWALK: This item shall include the removal and replacement of existing concrete sidewalk due to failure or in situation where curb and gutter is replaced to adjust grades to eliminate ponding water with same day haul-off of the removed material to a suitable dump site. For specifications governing this item see Item No. 104 "Removing Old Concrete", and Item No. 504 "Concrete Sidewalk and Driveways". The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the removal and replacement work. PAY ITEM NO.9-REMOVAL & REPLACEMENT OF H.M.A.C. PAVEMENT AND BASET The contractor shall remove all existing deformed H.M.A.C. pavement and/or bad base material that shows surface deterioration and/or complete failure. The 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 removal for which the Engineer will select the necessary depth. The remaining good material shall be leveled and uniformly made ready to accept the fill material. All excavated material shall be hauled off site, the same day as excavated, to a suitable dump site. After satisfactory completion of removal as outlined above, the contractor shall place the permanent pavement patch, with Type "D" surface mix. This item will always be used even if no base improvements are required. The proposed H.M.A.C. repair shall match the existing pavement section or the depth of the failed material, whichever is greater. However, the patch thickness shall be a minimum of 2 inches. Generally the existing H.M.A.C. Pavement thickness will not exceed 611. Before the patch layers are applied, any loose material, mud and/or water shall be removed. A liquid asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts, Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot-Mix SP-11 Asphaltic Concrete" shall govern work. The unit price bid per cubic yard shall be full compensation for all materials,labor,equipment and incidentals necessary to complete the work. PAY ITEM NO. 10 - GRADED CRUSHED STONES: This item shall be used to repair the failed base material in areas exceed 8" deep as directed by the Engineer. The material shall be graded crushed stones. For specifications governing this item see Item No. 208 "Flexible Base". The unit price bid per cubic yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NO. 11 - WEDGE MILLING 2" TO 0" DEPTH 5.0' WIDE: 1. Description This item shall consist of milling the existing pavement from the lip of gutter at a depth of 2" and transitioning to match the existing pavement (0" cut) at a minimum width of 51 . The existing pavement to be milled will either be asphalt, concrete, or brick pavement. The removal and disposal of the milled materials shall be as directed by the Engineer. The milled surface shall provide a smooth surface free from gouges, ridges, oil film, and other imperfections of workmanship and shall have a uniform textured appearance. In all situations where the existing H.M.A.C, surface contacts the curb face the wedge milling shall include the removal of the existing asphalt covering the gutter up to and along the face of curb. The wedge milling operations for this project will be performed in a continuous manner along both sides of the street. Details of milling locations are at the back of this document. Contractor is required to begin the overlay, within five (5) calendar days from the date of the wedge milling completion of any one street. Should the contractor fail to meet this condition, the wedge milling will be shut down, and liquidated damage of $500.00 per day per street will be assessed until all wedge milled streets are overlayed. The overlay, once begun on a street shall continue uninterrupted until complete. The Contractor shall haul-off the removed material to a suitable dump site. 2. Equipment The equipment for removing the pavement surface shall be a power operated milling machine or other equal or better mechanical means capable of removing, in either one pass or two passes, the necessary pavement thickness in a five-foot minimum width. The equipment shall SP-12 be self-propelled with sufficient power, traction and stability to maintain accurate depth of cut and slope. The machine shall be equipped with an integral loading and reclaiming means to immediately remove material being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. Adequate back-up equipment (mechanical street sweepers, loaders, water truck, etc.) and personnel will also be provided to keep flying dust to a minimum and to insure that all cuttings are removed from street surface daily. Stockpiling of planed material will not be permitted on the project site unless designated by the Engineer. The machine shall be equipped with means to control dust created by the cutting action and shall have a manual system providing for uniformly varying the depth of cut while the machine is in motion thereby making it possible to cut flush to all inlets, manholes, or other obstructions within the paved area. The speed of the machine shall be variable in order to leave the desired grid pattern specified under Surface Texture. The unit price bid per linear feet shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO. 12 - BUTT JOINTS - MILLED: Description: This item requires the contractor to mill "butt joints" into the existing surface, in association with the wedge milling operation (PAY ITEM NO. 11) to the depth and at locations as described below. The butt joint will provide a full width transition section, whereby the new overlay shall maintain constant depth at the point the new overlay is terminated and the new surface elevation matches the existing pavement. The construction activities, performance standards and equipment needed for the butt joints milling operations shall be governed by the special provisions of Pay Item No. 11 - Wedge Milling. The configuration of the butt joints is described in more detail below. General details of butt joint locations - along with wedge milling in general - are shown in plan form at the back of this document. Construction Details: Prior to the milling of the butt joints, the contractor shall consult with the construction Engineer for proper location of these joints and verify that the selected limits of the projects street are correct. The general locations for butt joints are at all beginning and ending points of streets listed in the project and as more graphically detailed at the back of this specification book. The joints are also required on both sides of all railroad tracks and concrete valley gutters, bridge decks and culverts and all other items which transverse the street and end the continuity of the asphalt surface. Each butt joint shall be 20 feet long and milled out across the full width of the street section to a SP-13 tapered depth of 211. This milled area shall be tapered within the 20 feet to a depth from 0" to 2" at a line adjacent to the beginning and ending points or intermediate transverse items. This butt joint - when overlayed - will consist of an asphalt section that will transition the new overlay to match the existing pavement elevation. The contractor shall provide a temporary wedge of asphalt at all butt joints to provide a smooth ride over the bump. Measurement and Payment: Butt joints as prescribed above, will be measured by the unit of each butt joint milled. The disposal of excess material involved will not be measured for payment. Each butt joint-milled, measured as above, complete-in place-in accordance with these specifications, will be paid for at the unit price shown in the proposal for "Butt Joints". The unit price bid per each shall be full compensation for all milling, including material haul-off, tools, labor, equipment and incidentals necessary to complete the required work. PAY ITEM NO. 14 - 2" H.M.A.C. SURFACE COURSE (TYPE "D" MIX) : All applicable provisions of Standard Specifications, Item Nos. 312 "Hot- Mix Asphaltic Concrete", 300 "Asphalts, Oils and Emulsions", 304 "Prime Coat", and 313 "Central Plant Recycling-Asphalt Concrete" shall apply to the construction methods for this portion of the project. Standard Specification 312.5 (1) shall be revised as follows: The prime coat, tack coat, or the asphaltic mixture shall not be placed unless the air temperature is fifty (50) degrees Fahrenheit and rising, the tempera- ture being taken in the shade and away from artificial heat. Asphaltic material shall also not be placed when the wind conditions are unsuitable in the opinion of the Engineer. The contractor shall furnish batch design of the proposed hot mix asphaltic concrete for City approval 48 hours prior to placing the H.M.A.C. overlay. The City will provide laboratory control as necessary. The unit price bid per square yard of H.M.A.C. complete and in place, shall be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM NO.15-REMOVAL & REPLACEMENT OF 7" CONCRETE VALLEY GUTTER: This item shall include the removal and reconstruction of existing concrete valley gutters at locations to be determined in field: Removal of existing concrete valley, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley SP-14 gutter details, shall be subsidiary to this Pay Item. See standard specification Item No. 314, "Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base", Drawing No. S-S6 and detail enclosed. Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item No. 314 "Concrete Pavement". Asphalt base material may be required at times as directed by the Engineer to expedite the work at locations identified in the field. The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley Gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 16 - NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No. 314, "Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base", Drawing No. S-S6 and detail enclosed. Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item No. 314, "Concrete Pavement". SP-15 The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of valley gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. If the Contractor fails to complete the work on each half within seven (7) calendar days, a $100 dollars liquidated damage will be assessed per each half of valley gutter per day. The unit price bid per square yard for Concrete Valley as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO. 17 - Nr'.V 4" STANDARD WHEELCHAIR RAMP: The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The removal of existing substandard wheelchair ramps and sidewalk as required for the installation of new wheelchair ramps shall be subsidiary to this pay item. The removal and replacement of existing curb and gutter as required for the installation of new wheelchair ramps shall be included in Pay Item 6 (Removal and Replacement of Curb and Gutter) . Pay limits for laydown curb and gutter are as shown in the Standard Pay Limit Detail (WR- 1) . The pay limit will extend from 9" outside the lip of gutter to 15" back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for "Standard Wheelchair Ramp" will start 15" back from the face of curb and encompass the remainder of the ramp and sidewalk. All applicable provision of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified. All concrete flared surface shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake type, and shall be used in accordance with manufactures instructions. Concrete stain may be applied after concrete is poured (Product sold by BAER) . "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." The unit price bid per square yard for 4" standard wheelchair ramp as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to compete the work. SP-16 PAY ITEM NO. 18 - 6" PERFORATED PIPE SUBDRAINt This item shall consist of furnishing and installing 6" perforated - subdrain and filter material all as shown on the enclosed details, or as directed by the Engineer. All applicable provision of standard Specifications Item 500 "SUBDRAINS" shall apply except as herein modified. The pipe material shall be poly vinyl chloride (PVC) with the standard dimensional ratio of 35 (SDR35) and meet the ASTM D 1784. Filter fabric shall have the capability of passing ground water without transporting the soil placed around the filter fabric. The fabric shall be constructed exclusively of synthetic thermoplastic fibers and may be either woven or nonwoven to form a mat of uniform quality. Fabric fibers may be either continuous or discontinuous and oriented in either a random or a aligned pattern throughout the fabric. The fabric shall be mildew resistant, rot proof, shall be satisfactory for use in a wet soil and aggregate environment, contain ultraviolet stabilizers and have nonravelling edges. The fabric shall meet the following requirements when sampled and tested in accordance with the methods indicated: Test Original Physical Properties Method Requirements Fabric weight, on an ambient SDHPT Test Method 4.0 minimum for under temperature air-dried tension Tex-616-J"Testing drains and Slope free sample, expressed in of Construc tion Stabilization, 6.0 oz/sq. yd. Fibers" minimum for Gabions Revetment Water flow rate by falling Tex-616-J 80 minimum head method, 7.9 inches (20 cm) to 3.9 inches (10 cm) on 2 inch ID cylinder with 1 inch diameter orifice, with flow rate expressed in gal/sq. ft/minute. Breaking load in either ASTM Designation: D 100 minimum machine or cross-machine 1682 grab method G direction, expressed in as modified by pounds. Tex--616-J Equivalent opening size (IIS CW-02215, IIS Army 70 to 100 r Standard sieve no.) Corps of Engineers, Civil Works Construction Guide Specification. IF "Plastic Filter Fabric", November, 1977. SP-17 r r ACORDM CERTIFICATE OF LIABILITY INSURANCE 10/07/2D00 RODUCER (817)457-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1121 E. Loop 820 South HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P 0 Box 8720 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76124-0720 INSURERS AFFORDING COVERAGE NAIC# NSURED ]LB Contracting, LP INSURERA: Bituminous Casualty Corp 1007 Harrison Ave INSURERB: Am Guarantee & Liability(Cas Mkt Arlington, TX 76011 INSURER C: INSURER D: INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINI ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. inSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CLP 3 174 366 09/30/2003 09/30/2004 EACH OCCURRENCE $ 1,000,0001 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00 CLAIMS MADE rfl OCCUR MED EXP(Any one person) $ S'00 �A X XCU PERSONAL&ADV INJURY $ 1,000.00 X CONTRACTUAL GENERAL AGGREGATE $ 2,000,00 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- JECT LOC AUTOMOBILE LIABILITY CAP 3 174 369 09/30/2003 09/30/2004 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1,000,000 X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (P- ) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) �^ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLA LIABILITY AUC-9376460-00 09/30/2003 09/30/2004 EACH OCCURRENCE $ S'000,000 X OCCUR FI CLAIMS MADE UMBRELLA AGGREGATE $ 5,000,00 �B s DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC 3 174 367 09/30/2003 09/30/2004 X I WC STATU- OTH- EMPLOYERS'LUIBILITY — TORY LIMITS E.L.EACH ACCIDENT $ 1,000,00( 4 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,00( If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00( OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS C SURFACE OVERLAY (2003-23) AT VARIOUS LOCATIONS CITY OF FT WORTH PRO] GS93-020930522510. CERT )LDER NAMED ADLN INSURED ALL POLICIES EXCEPT ON WORKERS COMP WITH WAIVER OF SUBROGATION ON ALL JLICIES AS REQUIRED BY WRITTEN CONTRACT. 30 DAY CANC NOTICE AMENDED TO 10 DAY FOR NON-PAY OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL XIX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF FORT WORTH KK�(l[i4XdWf1514XDf1(IY11f�(XX 1000 THROCKMORTON 4x*xuKK*Md"i(+)()txxmxxxKxmx*xwa ,XXXXXXXXX FT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE A �W1CORD 25(2001/08) ©ACORD COORATION 1988 I IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. i ACORD 25(2001/08) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuaht to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project HMAC Surface Overlay 2003-23 at Various Locations and City of Fort Worth Project No. GS93-020930522510. CONTRACTOR: JLB CONTRACTING,LP By: D Name: DPOWOA Of James Title: _u a Management,Inc.,its General Partner Date: G1 x-0`3 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the unders' ned authority, on this day personally appeared �mEs tlj 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 JLB CONTRACTING,LP for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this J LLday of d6l, , 20_&3 Ndry P blic in and for the State of Texas 4�Y•PLB�., LINDA OLIPHANT 2�/ '°`• NOTARY PUBLIC *! State of Texas rT ` ? oF' }'Comm.Exp.03-10-2005 Bond No, 929297680 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) JLB Contracting, LP , as Principal herein, and (2) Contenintal Casualty Company a corporation organized under the laws of the State of(3) Illinois , 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 Six Hundred Eighty Five Thousand, Three Hundred Fifty Five Dollars, and Ninety Cents Dollars ( i- $685,355.90 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 2e day of September , 2003 a copy of which is attached hereto and made a part hereof for all purposes, for the construction of HMAC SURFACE OVERLAY 2003-23 at Various Locations Project No. GS93-020930522510. NOW, THEREFORE, the condition of this obligation is such, if the said Principal 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. SIGNED and SEALED this 2e day of September , 2003. JLB CONTRACTING, LP PRINCIPAL ATTEST By: A:jvy,Jj�� Name: rin ' at) Secretary aures G.Humphrey,President of Title: JLB Manageman, Inc_,its General partner (S E A L) Address: 1007 Harrison Avenue Arlington, Texas 76011 Witness as to Principal CONTINENTAL CASUALTY COMPANY SURETY ATTEST: By: Name: Michael A. Sweeney Secretary Attomey in Fact (S E A L) Address: 4004 Belt Line Road, Suite 260 Addison, Texas 75251 W ss as to urety Jennifer R. Borock Telephone Number: 877-633-5600 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 Attomey shall be attached to Bond by the Attomey-in-Fact The date of bond shall not be prior to date of Contract. NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the"Writing Companies') as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent(90%)of covered terrorism losses exceeding the applicable surety/insurer deductible. Fom MIO IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, Texas 78714-9104 Fax # (512) 475-1771 PREMIUM OR CLAIM DISPUTES The address of the surety company making this bond to which any notice of claim should be sent may be obtained by calling the Texas Department of Insurance at the above number. Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company fust. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached document. This notice is given to comply with Section 2253.048, Texas Government Code and Section 53.202, Texas Property Code effective September 1, 2001. Bond No. 929297680 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) JLB Contracting, LP , as Principal herein, and (2) Continental Casualty Company a corporation organized and existing under the laws of the State of(3) Illinois , 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 Six Hundred Eighty Five Thousand, Three Hundred Fifty Five Dollars and Ninety Cents Dollars ($685,355.90) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, finely by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 23'd day of September , 2003 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 2003-23 at Various Locations Proiect No. GS93-020930522510. 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. 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 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 23d day of September , 2003. r� i 4 JLB CONTRACTING, LP PRINCIPAL ATTEST- '1 _ By: �., A Name: OfincOal) Secretary James G. Humphrey,FresiVent of Title: JLB Management, Inc.,its General Partner (S E A L) Address: 1007 Harrison Avenue Arlington, Texas 76011 Witness as to Principal CONTINENTAL CASUALTY COMPANY SURETY ATTEST: BY: GG� .r�/ Name: Michael A. Sweeney Secretary Attorney in Fact (S EA L) Address: 4004 Belt Line Road, Suite 260 Addison, Texas 75251 Wdtss as to rety Jennifer R. Borock Telephone Number. 877-633-5600 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 Attomey-in-Fact The date of bond shall not be prior to date of Contract. MAINTENANCE BOND Bond No. 929297680 THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That J B Contracting,LP ("Contractor'), as principal, and, Continental Casualty Company a corporation organized under the laws of the State of Illinois ("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, (°Cita in Tarrant County, Texas, the sum of Six Hundred Eighty Five Thousand, Three Hundred Fifty Five Dollars and Ninety Cents Dollars (;685,355.90), 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, said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 2e of September . 20 03, a copy of which is hereto attached and made a part hereof,for the performance of the following described public improvements: HMAC SURFACE OVERLAY 2003-23 AT VARIOUS LOCATIONS the same being referred to herein and in said contract as the Work and being designated as project number(s) GS93-020930522510 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 2(Two)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. 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 23d day of September, A.D. 2003. JLB CONTRACTING, LP PRINCIPAL ATTEST: J� f By: -14 Name: (P ' cip Secretary ftres G.Murnplirey,President of Title: AB Management, Inc.,its General Partner (S E A L) Address: 1007 Harrison Avenue Arlington, Texas 76011 Witness as to Principal CONTINENTAL CASUALTY COMPANY SURETY ATTEST: By: �6'2�c 2� 4 Name: Michael A. Sweeney Secretary Attorney in Fact (S E A L) Address: 4004 Belt Line Road, Suite 260 Addison, Texas 75251 W ess as urety Jennifer R. Borock Telephone Number. 877-633-5600 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 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Charles D.Sweeney,Bobby E.Mayo,Michael A Sweeney,Kyle W.Sweeney,Individually of Fort Worth,TX,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 7th day of May,2003. oAsW�r 1NSI1R QA& Continental Casualty Company National Fire Insurance Company of Hartford 1 �� �� � American Casualty Company of Reading,Pennsylvania O a MY 31, U SEAL 'r sg qc 1997 MARK Michael Gengler Se Vice President State of Illinois,County of Cook,ss: On this 7th day of May,2003,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL • ELIZA PRICE 7M 6I//�/� NOTARY PUBLIC,STATE OF ILLINOIS W COMMIS31ON EXPIRES:0$M My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printedyn the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 23 day of ScOember , 200 cAstMtr WSUR Got Continental Casualty Company National Fire Insurance Company of Hartford ' *F American Casualty Company of Reading,Pennsylvania s Jay 11. ou SEAL `4 1991 MARS o �' Mary A.Rkbikaiakis Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is trade and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fad" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17*day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by - facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fad to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fad" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17m day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the.Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fad." r. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17m day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 23rd day of September . 2003 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 JLB Contracting, 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 2003-23 AT VARIOUS LOCATIONS Designated as project number, GS93-020930522510 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the 'Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 60 (Sixty) working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $ 315.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to cant' on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged ne_gli_gence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to C-2 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, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates N/A shall be SIX HUNDRED EIGHTY FIVE THOUSAND, THREE HUNDRED FIFTY FIVE DOLLARS AND NINETY CENTS $685,355.90 C-3 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 copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in Six 6 counterparts with its corporate seal attached. C-4 Done in Fort Worth, Texas, this the 23`d day of September , 20 03 . RECOMMENDED: 7RT WORT 7 DIRECTOR, DEPARTMENT OF ASSISTAN CITY AGER ENGINEERING APPROVED: oe Z/I -- JLB CONTRACTING,LP DIRECTOR, TRANSPORTATION AND PUBLIC WORKS ATTEST: (Contractor) CITY SECRET Y (SEAL) BY:� 61 ,/,?;w f (Representative) Contract Authorization James G.IffffilliAcfy)President of Date JLB Management,Inc.,its General Partner APPROVED AS TO FORM & (Ad , LEGALITY: (City/State/Zip) ASSISTANT CITY ATTORNEY November 1960 Revised May 1986 Revised September 1992 Revised January 1993 Revised April 1999 Revised June 1999 Revised June 2001 C-5 � z Q � n ~ W W 0 J (� m a co 0 U co N I 5 f� LA - w N O 0 a - 7Q � !moi I� zco z Q z O � 7 i � w0 w o z U 0 (A z a o- w z .� U ~ OF F-- II I U ---moi I� 5 • � w -- LLJ w MM3 r O „ o- , z w O z _ N o O► O I ; � Z m Q O Z 0 F- J z W�- N H Z J O 0: mZ JWto as o _W F"Oai-F- W W W� " Z_� }- z v LTJ it W oC � > H w J F-z W �- J W Vf W cr i-V! 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