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HomeMy WebLinkAboutContract 30053 CITY SECRETARY CONTRACT NO =C0pyF t CGltfkACW S PEC I FI CAT ION :ZCtimoTy"SECREMtR11cion®0lfm CO AND CM W1N lE*ER'S OFRCE CONTRACT DOCUMENTS •---- ENGINEMNG DN. i/PW-FU COPY FOR H.M.A.C. SURFACE OVERLAY (2004-9) - AT VARIOUS LOCATIONS Project No. GS93-020930522570 IN THE CITY OF FORT WORTH, TEXAS 2004 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 DEPARTl-'^NT OF ENGINEERING PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ENGINEERING COORDINATION ft ev-1;Z;aF Ttr�k"} ; EXHIBIT "All « ti ..... .............................� GUSM L 9CHWit4M S ORIGINAL aivA Z^ °C _ 200 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/11/2004 DATE: Tuesday, May 11, 2004 LOG NAME: 20HMAC04-9 REFERENCE NO.: **C-20067 SUBJECT: Award of Contract to JLB Contracting, LP for HMAC Surface Overlay 2004-9 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 $596,704.50 for 70 working days for HMAC Surface Overlay 2004-9 at Various Locations. DISCUSSION: In the FY2003-2004 Contract Major Maintenance Program, various types of street maintenance techniques are grouped into specific contract packages. HMAC (hot mix asphaltic concrete) Surface Overlay 20049 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* Alta View Street Chesser Boyer Road Tom Ellen Street 63D 4 Dalford Street Bonnie Brae Street Karnes Street 63R 4 Dalford Street Karnes Street Fairview Street 63R 4 Damon Avenue Riverside Drive Blevins Street 63R 4 Elderwood Trail North dead end Sandybrook Drive 66P 4 Elinor Street Northeast 28th Street North Beach Street 64A 4 Fallbrook Court Sandstone Drive East cul-de-sac 66T 4 Fallbrook Court West West cul-de-sac Newberry Trail 66T 4 East Fallbrook Court Newberry Trail East cul-de-sac 66T 4 Fox Drive Kings Highway Shadow Lane 64P 4 North Greenview Circle Elderwood Trail South Greenview Circle 66P 4 South Greenview Circle Elderwood Trail North Breenview Circle 66P 4 �. Honeysuckle Avenue North Riverside Drive Bolton Street 63M 4 Kames Street Dalford Street Clary Avenue 63R 4 Newberry Court East Newberry Trail East cul-de-sac 66P 4 - Newberry Court West West cul-de-sac Newberry Trail 66P Newbery Trail Sandybrook Drive South cul-de-sac P'- Premier cPremier Street Bonnie Brae Street Fairview Street Primrose Avenue Gilcrest Drive North Beach Street Rusty Dell Road West dead end Callaway Drive Sandstone Drive North dead end Sandybrook Drive ---4 Sandstone Drive Sandybrook Drive South dead end 66P 4 Sandybrook Drive East Loop 820 East dead end 66P 4 Sunflower Circle North Sandstone Drive Sunflower Circle South 66P 4 Sunflower Circle South Sandstone Drive Sunflower Circle North 66P 4 Timberview Court North Boca Raton Boulevard North cul-de-sac 66S 4 Wayne Street Airport Freeway Wheeler Street 64P 4 '+ Wheeler Street North Beach Street Harper Street 64J 4 Wildbriar Court East Newbery Trail East cul-de-sac 66T 4 Wiilbdar Court West West cul-de-sac Newberry Trail 66T 4 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. This project was advertised for bid on February 5 and 12, 2004. On March 11, 2004, the following bids were received: BIDDERS AMOUNT JLB Contracting, LP $598,704.50 Peachtree Construction, Ltd $614,472.50 Austin Bridge&Road,LP $620,205.00 APAC-Texas, I no. $785,532.50 JLB Contracting, LP is in compliance with the City's M/ BE Ordinance by committing to 18% M/WBE participation. The City's goal on this project is 17%. 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. TO Fund/AccountlCenters FROM Fund/Account/Centers GS93 541200 020930522570 $586,784.50 qft C111 541200 020111053256 $4,050.00 C115 541200 020115033123 $7,870.00 Wff Submitted for City Managers Office b Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) MW MAR-10-2004 WED 12:17 PM TRANSPORTATION PUBLIC WK FAX NO. 817 871 8092 P. 07 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM No-1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONCRETE RESTORATION(2004-9) AT VARIOUS LOCATIONS PROJECT NO.GS93-020930532570 The specifications and contract documents for the subject project are hereby revised or amended as the following: The primary purpose of this addendum is to clarify the following: On page SP-18 of the Special Provisions, under Pay Item No. 21, 8"PAVEMENT PULVERIZATION, delete second paragraph as below: If the existing pavement has a combination of 10" H.M.A.0 and crushed stonelgravel, undercut will not be required, the contractor will pulverize 10" inches, the 2" inch cut will be taken from the 10" pulverized material. (see soil test report) and replace with second paragraph as below: If the existing pavement has a combination of 10" H.M.A.0 and crushed stone/gravel, undercut will not be required, the contractor will pulverize 10" inches, the 2" inch cut will be taken from the 10" pulverized material. (soil test reports will be avallabie at pre- construction meeting). Please acknowledge receipt of this addendum by inserting signed copy of same into your proposal at time of bidding. Failure to return a signed copy of this proposal shall be grounds of rendering the bid non-responsive. RECEIPT ACKNOWLEDGE: By: George A. Behmanesh,P.E. Assistant Dir ec or, T/PW By: Pn4/I 3, 10- ib Fares,P.E. Street Program Manager SPECIFICATIONS AND CONTRACT DOCUMENTS FOR H.M.A.C. SURFACE OVERLAY (2004-9) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930522570 IN THE CITY OF FORT WORTH, TEXAS 2004 Z9 A. DOUGLAS RADEMAKER, P.E. DATE DIRECTOR, DEPARTMENT OF ENGINEERING \-� a "'�m L Q-"t z ala GEORGE BE SH, P.E. DATE ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT 9� )c . 'g-s +-V 00 IM, P.E. DATE CAPITAL PROJECT ENGINEER WATER DEPARTMENT a 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 NOTICE TO BIDDERS Sealed proposals for the following project : H.M.A. C. SURFACE OVERLAY (2004-9) AT VARIOUS LOCATIONS Project No. GS93-020930522570 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. , March 11, 2004 and then publicly opened and read aloud at 2 : 00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102 . A pre-bid conference will be held at 9:30 A.M. , February 17, 2004 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 is non- refundable. Additional sets may be also purchased on 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 PUBLICATION: By: )Va; E�� Z _ 5 - 04- February 05, 2004 Naji N. Fares, P.E. , February 12, 2004 Stre t Program Manager, TPW 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 - +� 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 1r 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. ,O 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 rt the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City SPECIAL INSTRUCTIONS TO BIDDERS -2- ' 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 -General Provisions, Item 8,Paragraph 8.6, Standard SRecifications for Street and Storm Drain Construction of the City of Fort Worth,Texas,concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s)because of sex,race,religion, color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth(1986), as amended,prohibiting discrimination in employment t. 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 b the CITY OF FORT WORTH in eP � g Y 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 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- p 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. r 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. PE 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. 1 M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 1 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- h "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so 9- will automatically disqualify that bidder. 12. MINORITYIWOMEN 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 r M/WBE firm(s)to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: k 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 ai 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 WL SPECIAL INSTRUCTIONS TO BIDDERS -5- a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE VL 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. 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. V • 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. "t • 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 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- will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the proposal,the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. r 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 pr-egfess payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically,the OZONE SEASON, within the Metroplex area,runs from May 1,through October 31,with 6:00 a.m. - 10:00 a.m.being critical because emissions from this time period have enough time to bake in the hot ,. atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality(TCEQ), in coordination with the National Weather Service,will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until 10:00 a.m.whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However,the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1-hour, or if equipment is new and certified by EPA as "Low SPECIAL INSTRUCTIONS TO BIDDERS -7- Emitting!', or equipment burns Ultra Low Sulfur Diesel(ULSD).diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated AIR POLLUTION WATCH DAY,that day will be considered as a weather day and added onto the allowable weather days of a given month. 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 a 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. aft 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 u showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: SPECIAL INSTRUCTIONS TO BIDDERS -8- (1) a certificate of coverage,prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. r 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 4 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 Pb of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the &of-theproieot y O` and for one year thereafter. '~' SPECIAL INSTRUCTIONS TO BIDDERS -9- PM (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 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers'Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing,hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at(512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." dM 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 SPECIAL.INSTRUCTIONS TO BIDDERS -10- �r connection with such employment, advancement or discharge of employees or in 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 PW qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify " and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. ML 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA'), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability,terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION a SPECIAL INSTRUCTIONS TO BIDDERS -II- CTTY OF FORT WORTH HIGH`VAY CONSTRUCTION PREVAILL IG'NAGE RATES FOR 2000 ASPHALT RAKER S10.32 ASPHALT SHOVELER 9.75 BATCHING 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,DRAGLINE,SHOVEL(<I %CY) 1 l:52 FRONT END LOADER(2 1/.2 CY&Less) 9.94 FRONT END LOADER(over 2''A CY) 9.32 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 (2004-9) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930522570 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 (t) 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 47 EA. Manhole Adjustment @ 450 Three-Hundred and Fifty Dollars S.P. & No Cents Per EA. $ 350.00 $ 16,450.00 406 4 74 EA. Water Valve Boxes Adjustment @ 450 Two-Hundred and Fifty Dollars & S.P. No Cents Per EA. $ 250.00 $ 18,500.00 S.P. 5 3 EA. Water Meter Boxes Adjustment @ Thirty-Five Dollars & No CaaLs Per EA. $ 35.00 $ 105.00 F- 1 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 104 6 3,000 L.F. Removal and Replacement of 502 Concrete Curb and Gutter @ S.P. SIx � Dollars & �� g ^--j o Cents Per L.F. $ �rj 000$ 104 7 450 S.Y. Removal and Replacement of 6" 504 Concrete Driveway S.P. �o� ¢� ® Dollars & Cents Per S.Y. $ 104 8 100 S.Y. Removal and Replacement of 4" 504 C ncrete Sidewalks @ S.P. Dollars 2 Cents Per S.Y. 300 9 90 C.Y. Removal and Replacement of 304 H.M.A.C. Pavement and 312 Base (Base Repair) @ S.P. 011L.9- 4--41pyf Dollars & 0 0 op .Jo Cents Per C.Y. 208 10 150 C.Y. Graded Crushed Stones @ S.P. F4 A,.. Dollars & en _Cents Per C.Y. S.P. 11 31,250 L.F. Wedge Milling 2" to 0" Depth 5.0' Wide @ ( ' C) �� ' Z On,� Dollars & 'D(X5 ea �Cents Per L.P. $ 1 S.P. 12 26 EA. B,�}tt Joint- ill js/D+ 34- o� $970 't'h�e�e- &1 40994 Dollars & $ $ /00 Cents Per EA. 300 13 30 TON B.M.A.C. Level-Up @ 312 S(K Dollars Cents Per TON $ �(o • o� $ 312 14 80,000 S.Y. 2"H.M.A.C. Surface Course S.P. (Te e2 Mix) ® Dollars & �' Cents Per S.Y. $ $ Z 9 Z O o0 104 15 100 S.Y. Removal and Replacement of 7" 314 Concrete Valley Gutter @ S.P. n Dollars & Cents Per S.Y. $ ¢2.s5 $ ¢ZSR. 047 EY7� 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 oncrete Valley Gutter @ S.P. Dollars & ,,ff Cants Per S.Y. $ y-0 b 0 104 17 40 S.Y. Standard 4" Reinforced Concrete 11 505eelchair Ramps @ S.P. I'LlQ• 1,F Dollars & No Cents Per S.Y. $ �� . OD $ 402 18 800 L.F. 6" PVC Perforated Pipe Subdrain @ 500 ,..� Dollars & 620 5� -Cents Per L.F. S.P. $ 502 19 200 L.F. New Concrete Curb and Gutter @ -f'�-�-�✓� Dollars & fG✓L��y ✓� Cents Per L.F. $ s $ 2-5 O I Z- 504 20 100 S.Y. New 4" Concrete Sidewalk @ .� Q.ty� f Dollars & nio Cents Per S.Y. $ ' $ o 00 8" Pavement en 214 21 29,100 S.Y. em t Pulverization @ S.P. 'f`". Dollars & for 441., ents Per S.Y. $ Z-3 $ so � 5 X76° 214 22 378 TON Cement @ Dollars & Cents Per TON s � 2_0� $ 3099 ° S.P. 23 5 EA. Remobilization @ Five Hundred Dollars & No Cents Per EA. $ 500.00 $ 2,500.00 106 24 100 C.Y. ITrlassified Street Excavation S.P. FL, � Dollars & No Cents Per C.Y. $ ( oo $ 1300. o . 3° S.P. 25 5,000 S.Y. 2" Surface Milling @ 0-110- Dollars & Cents Per S.Y. $ I 6o $ e,000 . v� P-3 SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID S.P. 26 1 E.A. Speed Cushions (30' wide StreTt)Qr ! /I . $ $ S� ..addie•l 'I'LL �1-/� Dollars & .^,24 Cents Per E.A. 1 . S.P. 27 1 E.A. Speed Cushions (40' wide Street) T Lt Z Dollars & $ $ �o Cents Per E.A. Total Bid: , SN3 7 04- So SD P-4 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 Seventy 70 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 Engineer for any locations. If the contractor fails to begin the work within tan (10) calendar dans, a $200 dollars liquidated damage will be assessed per Block per 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) II Rr(IWIRA(`TIN I P Addendum No. 2 (Initials) Comfy Name /� Addendum No. 3 (Initials) By z,,- ea/J-, Signat;rtre 4 James G.Humphrey,President aO ,- JLB Management,Inc.,Its General% d Name of Principe Address: 1007 HARRISON AVE. ARUNG ION, XAS 76011 (Seal) ` - Date: �r �`� Telephone: P-5 i _ - i 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. a B. Our principal place of business or corporate offices are in the State of Texas. l� r- Bidder: JLB CONTRACTING, LP Company By (Please Print) HARRISON AVE. Address ARLINGTON,TEXAS 76011 Signature James G.Humphrey,President of JLB Management,Inc.,Its General Partner City/State/Zip Title (Please Print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 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 M/WBE goal is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 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. MNVBE PROJECT GOALS The City's MBE/W BE goal on this project is 17 %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: 1. 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 perform all subcontracting/supplier work:- opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MIWBE Office at(817)871-6104. Rev.5/30/03 ATTACHMENT IA Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime JLB Contracting,LP MNN/DBE ✓ NON-MNV/DBE PROJECT NAME: BID DATE HMAC Surface Overlay(2004-9)at Various Locations February 12,2004 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 17 % 25 % GS93-020930522570 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. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE 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 considered non-responsive to bid specifications MMBEs 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 1St 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 MinorityMomen 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 firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE 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.5/30/03 ATTACHMENT IA FORT WORTH' 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 M/WBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTORISUPPLIER T Company Name i N T Detail Detail Address M W C X M Subcontracting Work Supplies Purchased Dollar Amount T D W Telephone/Fax r B B E E R O B C T E A FR Concrete 1 ✓ R& R— $79,240.00 3240 S. Grove St. • Concrete Fort Worth,TX 76110 Curb & Gutter (817)924-7797 0 Drives (817)924-7127 (fax) . Valley Gutter • Sidewalks Will report monthly - FR Concrete &Atco combined meet M/WBE Goal Atco Construction Inc. 1 ✓ Hauling $28,365.00 8107 Richard Street Fort Worth,TX 76108 (817)246-0044 (817)246-6609 (fax) Will report monthly - FR Concrete &Atco combined meet M/WBE Goal Sunset Transportation 1 ✓ Hauling $39,125.00 P. O. Box 185058 Fort Worth, TX 76181 (817)589-1475 (817)595-2001 (fax) Will not report monthly Will report on final Dustrol Inc. 1 ✓ Ashpalt Milling $47,200.00 2925 Highway 114 P.O. Box 1728 Roanoke, TX 76262 (817)430-3958 817 491-2354 fax Rev.5/30/03 PM ATTACHMENT IA FORS'WORTH Page 4 of 4 .. Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 146,730.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 47,200.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 193,930.00 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/Addition. 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 M/WBE 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 M/W/DBE(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 transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and 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. Aut ized SignaturePrinted Signature James G.Humphrey,President of JLB Management,Inc.,Its General Partner Title Contact Name/Title(if different) JL8 CONTRACTING, LP CS,?J z (.. , _ 2-;0V/ Company Name Telephone and/or Fax .rnn7uwaar�+n�� wtid a Address ARLINGTON,TEXAS 76U v; E-mail Address D City/Stateizip Date 7i � J Rev.5/30/03 MIWBE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works F al Date: I�lock Official Time: : Bid Date: 4 Project Name: Project Manager. 1 Forms Submitted By Name: Company: raC4 s' Received By: CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR: H.M.A.C. SURFACE OVERLAY (2004-9) AT VARIOUS LOCATIONS PROJECT NO. GS93-020930522570 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 be in the work within ten (10) calendar days, a $200 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 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 investigations however, they are given for the purpose of bidding on and awarding the contract. SP-1 ! 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. 5. This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION-CITY OF FORT WORTH and STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 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 w 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 0817-871-8770 at least 10 working days SP-2 Im r` prior to the nreconstruction conference. Although work will not begin until the traffic control Panel has been reviewed, the Contractor's 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- ment, 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 "Air Pollution Watch 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 gives-by �E Engin ers to stopwork, or b the performance of extra work, y p pr by, sheilure of the City to provide material or necessary instructions ifpx-2Oar#' ,ng on the SP-3 : . � . IM work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 11. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction, as required by Engineer, by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs", Item 524, and/or as shown on the plans. Construction signing and barricades shall conform with the latest edition of the "Texas Manual on Uniform Traffic Control Devices, Vol. No. 1". 12. DISPOSAL OF 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 Worths Flood Plain Administrator ("Administrator") , of the location of all sites where the contractor N- 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. IP° No fill permit is required if disposal sites are not in a flood plain. g 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 subsidia trajcl�. SP-6 NON-PAY ITEM NO. 3 - LOCATION AND F"OSURE 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 SBC - Telephone 817-338-6202 Mr. Gary Tillory 214-384-3732 Cell Oncor Electric- Downtown 817-215-6424 Mr. Scott Ring other than Downtown 817-215-6688 Mr. Robert Martinex Oncor Gas - 817-215-4306 Mr. Roger Oliver CFW Street Light and Signal 871-8100 Mr. Dwayne Cox Mr. Roger Martin Storm Drain 871-8100 Mr. Gordon Couch Water & Sewer 817-212-2649 and Mr. Kristian Sugrim 817-925-2271 817-212-2642 and Mr. Scott Neystel 817-994-8663 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. SP-7 a PAY ITEM NO. 1 - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting, and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/4" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of 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. 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 arbitrary figure has been placed in 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 SP-8 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, in the detail at the back of this document or as directed by the Engineer. Standard Specification Item Nos. 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 ITEM 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 SP-9 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. 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. SP-10 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 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. �'}}� �/���1 PAY ITEM NO. 8 - REMOVAL AND REPLACP�L�iEN 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 BASE: 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 "DI, 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 SP-11 asphalt tack coat shall be applied to all exposed surfaces. Placement of the surface mix lifts shall not exceed 3 inches with vibrator compactions to follow each lift. Compactions of the mix shall be to standard densities of the City of Fort Worth, made in preparation to accept the recycling process. All applicable provisions of Standard Specification Item Nos. 300 "Asphalts,. Oils, and Emulsions", 304 "Prime Coat", and 312 "Hot-Mix Asphaltic Concrete" shall govern work. 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 TONES: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. SP-12 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 tapered depth of 2". 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 AW 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" and 304 "Prime Coat" 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 & REPLACEA,'ENT OF 7" CONCRETE VALLEY GUTTER: SP-14 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 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 SP-15 Equivalent opening size (IIS CW-02215, IIS Army 70 to 100 Standard sieve no.) Corps of Engineers, Civil Works Construction Guide Specification. "Plastic Filter Fabric", November, 1977. "Apparent elongation" at ASTM Designation: D 100 maximum breaking load in either 1682 grab method G machine or cross-machine as modified by direction, expressed as Tex-616-J percent. The "Filter Fabric" shall be installed in accordance with the manufacturer's recommendations, as indicated or as directed by the Engineer. When lapping is required, it shall be in accordance with the manufacturer's recommendations. Backfilling around the Filter Fabric shall be done in such a way as not to damage the Filter Fabric material during the placement. The unit price bid per L.F. shall be full compensation for all labor, materials, equipments, tools, and incidentals necessary to complete the work. PAY ITEM NO. 21 - 8" PAVEMENT PULVERIZATION: Contractor shall pulverize the existing pavement to a depth of 8". After pulverization is completed, contractor shall temporarily remove and store the 8" deep pulverized material, then cut the base 2" to provide place for the new 2" H.M.A.C. surface. The 2" base cut shall start at a depth of 8" from the existing pulverized surface. After the undercut operation is completed, contractor shall spread, mix, and compact the pulverized material to a 95% compaction per City's Standard Specifications or as directed by the Engineer in the field. A 3.5% portland cement shall be used to mix the pulverized material. If the existing pavement has a combination of 10" H.M.A.0 and crushed stone/gravel, undercut will not be required, the contractor will pulverize 10" inches, the 2" inch cut will be taken from the 10" pulverized material. (see soil test report) po Pulverization shall start within (ten) 10 calendar days after all concrete work has been completed on a street. If the contractor fails to begin the work within ten (10) calendar days, a $200 dollars liquidated damage will be assessed per block per day. After the pulverized material is cured, the contractor shall overlay it with 2" H.M.A.C. surface within five (5) calendar days. If the contractor fails to begin the work within five (5) calendar days, a $200 dollars SP-18 liquidated damage will be assessed per block per day. The unit price bid per square yard shall be full compensation for all labor, material, equipment, tools, and incidentals necessary to pulverize, remove and store the pulverized material, undercut the base, mixing, compaction, haul off, sweep, and dispose of the undercut material. The 2" H.M.A.C. surface will be paid by separate item. PAY ITEM NO. 23 - REMOBILIZATION: This item shall compensate the Contractor to remobilize personnel, equipment, supplies, and material to perform an additional work as directed by the Engineer. Remobilization will be considered when concrete "Flat-work" has been completed, personnel and equipments were demobilized, and the street is clean .and ready for the overlay. Remobilization shall be determined by the Engineer. Any Remobilization without the approval of the Engineer will not be compensated. The unit price per bid per each will be full compensation for all labor, equipment, material, tools, and all incidentals necessary to complete the work. PAY ITEM NO. 24 - UNCLASSIFIED STREET EXCAVATION: This item will be used if additional excavation is needed that is not covered by Pay Item No. 21 - "8" PAVEMENT PULVERIZATION". Additional Excavation is the removal of the excessive crown and base to bring the new base to proper grade & City standard specifications for street reconstruction. All applicable provisions of Item No. 106 "Unclassified Street Excavation" shall apply, work shall be paid per cubic yard. PAY ITEM NO. 25 - 2" SURFACE MILLING: This item shall consist of milling the existing pavement at a depth of 211. All applicable provisions of Pay Item No. 11 "Wedge Milling" shall apply. The unit price bid per square yard shall be full compensation for all materials, labor, equipment and incidentals necessary to complete the work. PAY ITEM NOs. 26 & 27 - H.M.A.C. Syeed Cushions (301& 401wide Street) : These items shall consist of removing existing and installing new H.M.A.0 Speed Cushions on a 30•wide street and a 40' wide street, respectively, according to the plan and profile as shown on the detail sheet. All excavated material shall be hauled off site the same day as excavated, to a suitable dumpsite. Contractor shall notify the Construction Engineer 72 hours prior to installing any speed cushions. Contractor shall install pavement markings. SP-19 If the roadway is damaged during existing marker removal, the work shall be temporarily halted until consultation with the Construction Engineer. The pavement shall be repaired prior to new HMAC overlay. MATERIALS AND QUALITY REQUIREMENTS: 1. Speed Cushions The speed cushions shall consist of H.M.A.C. Type D surface course with tack coat (SS-1) and compacted with vibratory hand roller. All applicable provisions of Standard Specifications, Item Nos. 312 "Hot-Mix Asphaltic Concrete", 300 "Asphalts, oils and Emulsions" and 304 "Prime Coat" shall apply. Kraft brown paper - 36" wide 40-1b paper shall be used to keep curb & gutter clean. 2. Pavement Markings Raised Pavement Markings All materials used shall be pre-approved prior to placement. The brand name and specifications of the materials shall be included in submittal for approval. The approved materials must be used throughout the duration of the contract. In the event that substitute materials need to be used, they must be equal to or exceed the quality of those currently in use and be approved the Construction Engineer. All markers shall be 4" and be installed with epoxy; bituminous adhesive is not approved. A chalk line, chain, or equivalent shall be used during layout to insure that individual markers are properly aligned. All markers shall be placed uniformly along the line to achieve a smooth continuous appearance. Preformed Pavement Markings All materials used under this agreement shall be pre-approved prior to awarding of the bid. Materials used shall meet TXDOT specifications Item 666 Type II. The approved materials must be used throughout the duration of the bid. In the event that substitute materials need to be used, they must be equal to or exceed the quality of those currently in use, and be approved by Construction Engineer. L All material must be equal to or exceed the following: Pre Mark brand Hot Tape which is manufactured by Stimsonite. Stamark A420, which is manufactured by 3M. Stamark A380, which is manufactured by 3M. All applications shall be in strict compliance with all manufacturer recommendations. SP-20 Surface Preparation and Application of Pavement Markings Roadway surface shall be clean, dry and free from dirt, grease, and other forms of contamination. All surfaces must be air blasted prior to application of paint. Surface preparation and application shall be in strict compliance with manufacturer recommendations. Equipment and methods used for surface preparation shall not damage the pavement or present a hazard to motorists. Installation of Pavement Markings Contractor's personnel shall be knowledgeable and sufficiently skilled in the installation of raised pavement markings and preformed pavement markings. Markings that are not properly applied due to faulty application methods or defective product, and markings, which are placed in the wrong position or alignment, shall be removed and replaced by the contractor at the contractor's expense. If the mistake is such that it would be confusing or hazardous to motorists it shall be remedied the same day of notification. Notification will be made by phone and confirmed by fax. Other mistakes shall be remedied within five days of written notification. Traffic Control of Pavement Markings When markings are applied on roadways open to traffic care will be taken to ensure that proper safety precautions are followed, including the use of signs, cones, barricades, flaggers, etc. Work shall be performed with as little disruption to traffic as possible, and freshly applied markings shall be protected from traffic damage and fdisfigurement. 1 3. Measurement and Payment The unit price bid per each shall be full compensation for removal of existing pavement markings, H.M.A.C. Type D surface course, tack coat (SS- 1) , vibratory hand roller, surface preparation, preformed and raised pavement markings, kraft brown paper - 36" wide 40-1b paper to keep curb & gutter clean, and all materials, labor, equipment and incidentals necessary to complete the work. The unit price per bid per each will be full compensation for all labor, equipment, material, tools, and all incidentals necessary to complete the work. END OF SECTION SP-21 j ACORD. CERTIFICATE OF LIABILITY INSURANCE OS/20/20 a' PRODUCER (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. Loo 820 South HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 8720 Fort Worth, TX 76124-0720 INSURERS AFFORDING COVERAGE NAIC# INSURED ]LB Contracting, LP INSURERA: Bituminous Casualty Corp P 0 Box 24131 INSURERB: Am Guarantee & Liability(Cas Mkt Fort Worth Tx 76124 INSURER C: f"I INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDIF ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF 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 DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CLP 3 174 366 09/30/2003 09/30/2004 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00 CLAIMS MADE FX OCCUR MED EXP(Any one person) $ 5, 7 A X XCU PERSONAL 8 ADV INJURY $ 1,000,Q X CONTRACTUAL GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00( POLICYFX PRO LOC JECT AUTOMOBILE LIABILITY CAP 3 174 369 09/30/2003 09/30/2004 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,00( X ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULED AUTOS (Per Perms) 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 $ EXCESSIUMBRELLA LIABILITY AUC-9376460-00 09/30/2003 09/30/2004 EACH OCCURRENCE $ S'000,000 X OCCUR FICLAIMSMADE UMBRELLA AGGREGATE $ 5,000,000 B $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC 3 174 367 09/30/2003 09/30/20041WC STATU- OTH- EMPLOYERS'LIABILITY A ANY RORIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,0w OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1,000'm If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS C SURFACE OVERLAY (2004-9) AT VARIOUS LOCATIONS PRO] GS93-020930522570. CERT HOLDER NAMED ADLN INSURED EXCEPT ON WORKERS COMP WITH GENL LIAB BEING PRIMARY & NON-CONTRIBUTORY WITH WAIVER OF UBROGATION ON ALL POLICIES AS REQUIRED BY WRITTEN CONTRACT. 30 DAY CANC NOTICE AMENDED TO 10 DAY FOR 4M-PAY OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL K%)=YJ X MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF FORT WORTH KootxxxxxtowAymkxa(waomkxwmyAxxxxmyjLkxX*XX)txxx 1000 THROCKMORTON ST D(ak*XdfXUXK)4lOfA4&=YiAXXMXXKXMXXXKXUXXXXXXXXXX FT WORTH, TX 76102 AUT ORIZEDREPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORAT N 1988 IMPORTANT L If the certificate holder is an ADDITIONAL INSURED,the policy(ies)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. a h Y ACORD 25(2001/08) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant 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 2004-9 at Various Locations and City of Fort Worth Project No. GS93-020930522570. JLB CONTRACTING,LP CONTRACTOR: By:e Name:v James G.Humphrey, President of anagemen a,its enera! artner Title: Date: �'-aY-0Z STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared known to me to be the perso whose name is subscri to the foregoing instrument, and acknowledged to me tlkt WNW",EP same as the act and deed of LB CONTRACTING,LP for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office thisday of 20�V F � i ��PY Pie LINDA OLIPHANT NOTARY PUBLIC No aryublic in and 4or the State of tate of Texas Texas ;'F'o..... "Comm.,'' Exp.03-10-2005 Bond No. 929297689 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) Continental CasualtX 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 Five Hundred Ninety Eight Thousand, Seven Hundred Four Dollars and Fifty Cents Dollars ( $598,704.50 ) 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 11" day of May , 2004, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of HMAC SURFACE OVERLAY 2004-9 at Various Locations Project No. GS93-020930522570. 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 11th day of May , 2004. JLB CONTRACTING, LP PRINCIPAL ATTEST: By: ��/` ✓� Name: James G H ice,Prasidant of rin ipal) Secreta Title: JLB Management, Inc.,its General Partner (S E A L) Address: P.O. Box 24131 Fort Worth, Texas 76124 SL �� 1 Witness as to Principal CONTINENT,AL CASUALTY COMPANY SURETY ATTEST: By: �2 Name: Kyle_W. Sweeney Secretary Attorney in Fact (S E A L) Address: 404 Belt Line Road, Suite 260 Addison,Texas 75251 r W 'as t 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 r-- i Telephone number of surety must be stated. In addition, an original copy of Power of AWmey shall be attached to Bond by the Attomey4n-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(9094) of covered terrorism losses exceeding the applicable surety/insurer deductible. Farm F7310 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 first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND low This notice is for information only and does not become a part or condition of the r 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. F Bond No. 929297689 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 Five Hundred NinetyEi hq t Thousand, Seven Hundred Four Dollars and Fifty Cents Dollars (1598,704.50) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the11 t� day of May , 2004, 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 2004-9 at Various Locations Project No. GS93-020930522570. 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 11th day of May , 2004. JLB CONTRACTING, LP PRINCIPAL ATTEST: t By D E Name: james PresideRl of ( rin pal) Secreta ' _ Tile: JL8 Management,Inc.,its General Partner (S E A L) Address: P.O. Box 24131 Fort Worth, Texas 76124 s�ut& Witness as to Prihcipal CONTE�ED(TAL,QASUALTY COMPANY SURE ATTEST: By: 7//� 41 Name: Kyle W. Sween Secretary Attomey in Fact (S E A L) Address: 404 Belt Line Road, Suite 260 Addison, Texas7-5251 W as turetY Jennifer R. Borock Telephone Number. 477-633-5600 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 Bond No. 929297689 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That JLB Contracting, LP (°Contractor7, 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, (°City? in Tarrant County, Texas, the sum of Five Hundred Ninety Eight Thousand, Seven Hundred Four Dollars and Fifty Cents Dollars ($598,704.50), 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 11"' of May , 20 04, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: HMAC SURFACE OVERLAY 2004-9 AT VARIOUS LOCATIONS the same being referred to herein and in said contract as the Work and being designated as project number(s) GS93-020930522570 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(Tm)Ygars ; 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 11'h day of May , A.D. 2004. JLB CONTRACTING,LP PRINCIPAL ATTEST-� By: - Name: ( rin pa!) Secretary Title: JLB Management, Inc,,its General Partner (S E A L) Address: P.O. Box 24131 Fort Worth, Texas 76124 Witness as to Principal CONTINE T CAS TY COMPANY SURETY ATTEST: By:i 4 Name: Kyle W. Sweeney Secretary Attorney in Fact (SEAL) Address: 404 Belt Line Road, Suite 260 Addison, Texas 75251 Wit ss as to rely Jennifer R. Borock Telephone Number. 877-633-5600 1� 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 Attomey4n-Fact. _ tt The date of bond shall not be prior to date of Contract. l -,, �'V" J C­1p!� '��\I 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 rof 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 L 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 Senior Vice President and their corporate seals to be hereto affixed on this 20th day of April,2004. °"sw<r %OSUJ?4 Continental Casualty Company National Fire Insurance Company of Hartford cOWOPAre g S��rG�O�EoAmerican Casualty Company of Reading,Pennsylvania s MY 11, 0J SEAL 7891 �` ° ° • Michael Gengler SenoIr Vice President State of Illinois,County of Cook,ss: On this 20th day of April,2004,before me personally came Michael GengIer to me known,who,being by me duly sworn,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 rFire 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. 1R OFFICIAL SEAL • ELlZA PRICE NOTARY ISSIO.EXPISTATE OF N11N0IS6 .COMMISSION DIPIRW%%-71-6 6; ----- My Commission Expires September 17,2006 Eliza Price Notary Public rCERTIFICATE 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 print#p the reverse heregf is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of lWaY 2004 re,"swcr WISUR� Continental CasualtyanJy__ � National Fire Insur ce Company of)Ia-ar- *e > ; American Casualty ompany of-Reading;Pennsylvania �J M + SEAL '? �dL < � '•' 7997 HA • MaryA. ika ki �relr Form F6853-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: 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 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 attorney-in-fact" 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 176 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 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 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-fact." 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 176 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,Attomeys-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 Attorney-in-Fact." 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 176 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 11* day of tNav , 20 04 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 Contmcting, 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 2004-9 AT VARIOUS LOCATIONS Designated as project number, GS93-020930522570 2. That the work herein contemplated shall consist of furnishing as an indgDendent 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 70 (Seventy) 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 carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6. Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, dameas or death is caused, in whole or in part, by the nealiaence or alleged neallaence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owe er from and against any and all injuries to Owner's officers, servants and employees and a y= damage,- oss_ 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 jg&ry or damage is caused in whole or in Part by the nealiaence or alleged nealiaence 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 Govemment 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 FIVE HUNDRED NINETY EIGHT THOUSAND, SEVEN HUNDRED FOUR DOLLARS AND FIFTY CENTS $598,704.50 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. rThe Contractor shall procure and shall maintain during the life of this contract insurance as r 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 ow 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. ^( ■ Done in Fort Worth, Texas, this the 11'" day of May , 20 04 . RECOMMENDED: IT FORT W 1 DIRECTOR, DEPARTMENT OF ASSIS NT CI MANAGER ENGINEERING APPROVED: ICA � S DIRECTOR, TRANSPORTATION AND JLB CONTRACTING,LP PUBLIC WORKS ATTEST: (Contractor) I SECRETARY ;SEAL) (Representative) Contract Authorization Date JLB Manageme�tT General Partner APPROVED AS TO FORM & (Address) LEGALI (City/State2ip) A(SSISTA14T CITY ATTORNEY November 1960 Revised May 1986 �. 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