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Contract 37964
Tog ...,._CONTRACTOR CONIRAcyM 90MM M. -CRYNCRETMY SPECIFICATIONS CITYMANAGen OFFICE AND "-"—sommun oN CONTRACT DOCUMENTS FOR FORT WORTH SCULPTURE - LANCASTER AVENUE Y =T,' R INTHE CITY OF FORT WORTH, TEXAS NO CITY PROJECT NO. 00378 TPW PROJECT NO. C291-541200-209980037880 2008 MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER GREG SIMMONS, P.E., ACTING DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT Jim W. Walker, AICP, ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT PREPARED BY xw TRANSPORTATION AND PUBLIC WORKS DEPARTMENT CAPITAL PROJECTS G P go M Patrick !: euckiey* _ L RECORD f : ......41906 ...... E-C RE ARY .. �i o�; s'F,. �,�o.a�, 4 7►TH TX e F'• � p a - City of Fort Worth, Texas Mayor and Council Communication- COUNCIL ACTION: Approved on 10/28/2008 DATE: Tuesday, October 28, 2008 LOG NAME: 20AVEOFLIGHT REFERENCE NO.: C-23150 SUBJECT: Authorize a Construction Contract with Northstar Construction, Inc., for Infrastructure Construction, Lighting, Site Work and Installation of the Lancaster Avenue Median Lighting Project (Avenue of Light) in an Amount Not to Exceed $247,750.00 - RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with Northstar Construction, Inc., in an amount not to exceed $247,750.00 for infrastructure construction, lighting, site work and installation of the Lancaster Avenue Median Lighting Project (Avenue of Light). DISCUSSION: This Construction Contract will provide site work, electrical infrastructure, light fixtures, concrete pilings and bases and installation of six 35 foot stainless steel sculptures being fabricated and delivered by Cliff Garten and Associates, Inc., d/b/a Cliff Garten Studio, for the median of Lancaster Avenue between Lamar and Commerce Street. The contract budget of$247,750.00 shall be provided from two funding sources: 1. Economic Development Initiative (EDI) Special Project grant in the amount of$198,400.00 from the U.S. Department of Housing and Urban Development (HUD), as previously approved by City Council (M&C G- 15787) for the Lancaster Avenue Median Lighting project. The HUD EDI grant would reimburse City funds used to provide necessary infrastructure for the sculptures; and 2. The remaining $49,350.00 shall come from the project budget previously approved by City Council on August 21, 2007, (M&C C-22334) authorizing a contract amendment with Cliff Garten and Associates, Inc., d/b/a Cliff Garten Studio, in the amount of$550,000.00. (NOTE: A contract amendment is currently being executed with Cliff Garten and Associates, Inc., d/b/a Cliff Garten Studio, to reduce the artist's scope of •• work and budget in light of the scope of work to be provided through the contract with Northstar Construction, Inc.). The project was advertised on September 11 and 18, 2008. The following bids were received on October 9, 2008: BIDDER AMOUNT .. Northstar Construction, Inc. $247,750.00 Vendignm Construction, LLC $258,250.00 AUI Contractors, Inc. $265,090.00 .. MICA Corporation $387,025.00 OFF*It CIT Lognwne: 20AVEOFLIGHT F' I of 2 Time of Completion: 45 Calendar Days Specified. In addition to the construction cost, funding in the amount of$9,910.00 is required for inspection services. Northstar Construction, Inc., is in compliance with the City's Disadvantaged Business Enterprise Program (DBE) by committing to 21 percent DBE participation. The City's goal on this project is 20 percent. The project is located in COUNCIL DISTRICT 9, Mapsco 76C and 77A. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of the Specially Funded Capital Projects Fund and the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C291 541200 039980037880 $59,260.00 GR76 541200 006206164010 $198,400.00 .. Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Jim Walker(8009) Martha Peters (298-3025) F F h k OFFICIAL RECORD CITY SECRETARY Logname: 20AVEOFLIGHT FT.WORTH, ' of 2 UG I. b. yuvd 5: 13NM C i I Y Ui f UK I WUK I H N0. 320 P. 1 CITY OF FORT WORTH T>iiANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM No. 1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR .FORT WORTH SCULPTURE—LANCASTER AVENUE CITY PROJECT NO. 00378 TPW PROJECT NO. C291-541200-209980037880 The contract and documents for the subject project are hereby revised or amended as the following: The primary purpose of this addendum is to clarify PAY ITEM NO. I:SIGN-PROJECT DESIGNATION-Install: on page SP-14, The unit cost of the signs shall be$300.00/each. PAY ITEM NO,2-ARTWORK FOUNDATIONS-INSTALL: on page SP-15, To obtain the finish the Artist would like to have on the pedestals, the course aggregate may be a smaller size. Contractor shall work with artist when making the sample panel to obtain the finish Artist desires. Contractor shall make sure white cement and the course aggregate desired by artist will be provided. The cost of this aggregate shall be part of the bid price. In addition to the sample panels described in the plans, a sample pour utilizing the forms shall be made to work out any issues with pouring the pedestal. Before and after use,the forms are cleaned by contractor,three coats of Carnuba wax, rubbed smooth by hand shall be applied on the forms by contractor. As an alternate, contractor can show the artist while preparing sample panel that a form release agent on the forms will provide the proper finish. Contractor shall submit a sample for review before using on project. All of the anchor bolts and steel plates for erecting the Artwork shown on the plans will be Artist provided,Contractor will install these items into the foundations as part of this work. Contractor shall provide all the rebar shown on plans. Artist will provide a metal cover for the foundation opening as shown on the drawings. Contractor shall be responsible for installation and painting the cover with a paint that will match the concrete finish. This cost shall be part of the bid price provided for this bid item. The paint shall be appropriate for an exterior finish. Pg 1 OFFi!�.�yAJ; F"`ECORD M. b. Md 5: I JFM U 1 1 Y OF FUK I WUKIH N0. 320 P. 2 Fort Worth Sculpture—Lancaster Avenue Addendurn No. I' Pg. 2 PAY ITEM NO.3-A!Myork-Install: on page SP-15, The weight of the Artwork is 4,500 pounds. There are two lifting points on the Artwork, lifting lug eye hook at the top plate of the sculpture and bottom mounting plate. Contractor is responsible for Artwork while installing the pieces;each piece is worth $300,000.00. Any insurance carried by Contractor shall be included in this bid price. A recent picture is being provided to bidders to clarify the size of the Artwork. The Artist will be shipping the Artwork in three containers with two Artwork pieces in each container. The Contractor will receive the containers and be responsible for the containers and Artwork at that point until installed. The City will provide Contractor a storage place for the containers in the vicinity of this project until Contractor is ready to install Artwork. PAY ITEM NO.4-ELECTRICAL SITE WORK-INSTALL: on page SP-16, The conduits going under the newly built Lancaster needed for this project have been installed. If for some reason the conduits can not be found,a new bid item will be utilized to pay for boring under existing pavement, All work related to boring under Lancaster shall be a part of Pay Item No. 7 Boring. No pavement shall be cut. All wiring for this project shall be handled under this item. PAY ITEM NO,5-ELECTRICAL LIGHTS-INSTALL: on page SP-15, All the light fixtures and controllers will be purchased by the Artist and provided to the Contractor for installation. All wiring required shall be provided by Contractor. On drawing 080530—LightingFixtureLocations_Ol.pdf, Light A at the top of the Artwork will be deleted. The wireless Black box DMX receivers will be replaced with hard-line controllers. A revised equipment schedule is provided with this addendum. The light fixtures(C), In-grade Fixture will be attached to a concrete slab as described in Pay Item No. 8. The installation of these lights shall be under this bid item. PAY ITEM NO.7-BORING: new item, Conduits were previously placed in the Lancaster Avenue project to allow the Artwork electrical wiring be placed from the meter areas to the different medians. If these conduits can not be found then the Contractor shall bore the conduits under Lancaster Avenue as required to make a connection to all Artwork foundations. The work for these boring will be paid for by the foot of bore,all work required for this item shall be full payment for all work as it relates to this work. A new bid item summary is provided and shall be used for this bid proposal. PAY XLEM DJQ,S.P 8—BASE-PAVING AREA; new item, Attached is a drawing which calls for a concrete slab with 4"curb on the end which will receive Texas Pattern concrete pavers. The slab will go from curb to curb of the median and shall be 18 feet long along the roadway. Light Fixture(C), In-grade Fixture will be attached to concrete slab at the locations specified by Artist. All the concrete,pavers, sand for pavers shall be provide for the unit price of each. The unit price bid per each will be full payment for materials including all labor, equipment,tools, and incidentals to complete the work for each location. LOFFICIALORD Pg a TX U�I. b. YOU 5: 13NM G 1 1 Y OF W I WUH I H N0. 320 P. 3 Fort Worth Sculpture—Lancaster Avenue Addendum No. 1 Pg. 3 RECEIPT ACKNOWLEDGES: Patr' c Buck , P. �C By: By: Patric . B ckley, P.E. Title: lip r r r r Pg 3 FOMC!1A�LRECORD c c: 2000_FT WORTH a Illumivislon Inc.Lighting Fixture and Accessory Schedule-AS REQUIRED AT EACH SCULPTURE v CIIHGarten Studio/1315 Preston War,Vence,CA 90291 310,3922060 6-Ocl-o8 z Manufackoefs.fecharJan wN he presets on sr7e to aid contractor dwkW inshrlfaWn and fasting,fiirbnes snpp reed by artist EQUIPMENT REQUIRED FOR EACH OF SIC SCULPTURES n Lighting Fixtures L' hhvave LX,8 degree optics i LX-RG" A/91 W 6 Degree Spread,7 12 x 7 112 Up tight in Center of SctAptum Power Supply and Controler 36 x 3W RGB LED's 1 mounted in canter of base pointing up see sched_Below p T Lig hlwave LX,24 degree optics 4 LX-RGB-24 B/91 W 24 Degree S ,712 x 7 12 Base-Comer Mounted UpNhts Power Supply and Controller Q 36 x 3W RGB LED's mounted in recessed comers of base see ached.Below z In Ground L' htwave LX,8 degree 4 IGLX-C-RGB-6 C/91 W 8 Dogree Spread,13"Dia x 17"High In-Ground Mounted h t Pawner Supply and Controller 36 x 3W RGB LED's locale per plans see ached.Below acttabnent of angletspot location b p Artist in Reid Power Supplies 2 PS-600 D/600W Com tible Power Supply,24 VDC in NEMA Locate in Base-5 LX Fixtures on one power Irrdudes NEMA 3R Weatherproof Enclosure enclosure,12x11bd3" su I and 4LX on other s locate r ens DMX Controllers Required for 6 of 6 scut urea t `:y-_ -•t� r.-`!-. •,—,.T �".'.`.�:' .c `I I.:.. v' rii11R- �`'^�..' Sunke DMX controller 1 SLESA-IP1 E 7 1-mim custom shows and 1 off selection. Locate per plans Controller to set color of LEDs in field by mounted in NEMA 4 enclosure 1-3 DMX s fitter 1 SPLT-123-TB-ENC4 Terminal Block connections,NEMA 4 enclosure,12x10xB r 10 r„a ry Tw 1F :! 3 -- U�I. b. LUUIi 5: 14rM G l I Y OF FUK I WURTH N4. 320 P. 7 3A Do 5�O, Gs rip ct&Z Iq !N rar LIONS 0 ® AM T SD H MEDIAA! _`4-- � ��P' Q PAV tArG RRMM C, PieTv D e.5 I on ---- - 77.4 LAtVC ?A-,)o�s—n, 6 ?4-)m en) 74- M 9G N EY►STr,ti16 LYJ 7;IVlNCr ARE,4 Pr aoft a OF r 6 soot-p kas vor m vmg i "TEXAS" CGA 1014/o8 PATTERN DETAILS NOT TO SCALE NOTES LL Po ver hopes ore for ilivatration Oman loss Pover shops and dimens ono may differ Dy manufacturer. • 1LLL.JJ���� V _ � r �t� S �3 Di z � :TF i ' ;` ! x x � »t t _ at SPECIFICATIONS AND CONTRACT DOCUMENTS FOR FORT WORTH SCULPTURE - LANCASTER AVENUE IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO. 00378 TPW PROJECT NO. C291-541200-209980037880 2008 MIKE MONCRIEF DALE A. FISSELER, P.E. MAYOR CITY MANAGER GREG SIMMONS, P.E., ACTING DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT Jim W. Walker, AICP, ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT PREPARED BY TRANSPORTATION AND PUBLIC WORKS DEPARTMENT CAPITAL PROJECTS G P q OF TEk��k� p Patrick J. Buckley , ` 4.1906 �ti�,0NA wwti.. SPECIFICATIONS AND CONTRACT DOCUMENTS FOR FORT WORTH SCULPTURE - LANCASTER AVENUE IN THE CITY OF FORT WORTH,TEXAS CITY PROJECT NO. 00378 4. TPW PROJECT NO. C291-541200-209980037880 d/At (� Patrick J.Buc P. . DATE Senior Professional Engineer TRANSPORTATION AND PUBLIC OR DEPARTMENT FORT WORTH SCULPTURE - LANCASTER AVENUE TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Prevailing Wage Rates 4. Proposal 5. Vendor Compliance 6. Minority and Women Business Enterprise Specifications 7. Special Provisions 8. Green Cement Policy Compliance Statement 9. Contractor Compliance with Worker's Compensation Law 10. Certificate of Insurance 11. Equipment Schedule 12. Experience Record 13. Performance Bond 14. Payment Bond 15. Maintenance Bond 16. Contract 17. Project Designation Sign Detail 18. Disk of Construction Documents(listed in Special Provisions) Sealed Proposals for the following: Fort Worth Sculpture— Lancaster Avenue CITY PROJECT No. 00378 TPW PROJECT NO. C291-541200-209980037880 Submit package to City of Fort Worth, Purchasing Division, in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102 until 1:30 P.M., Thursday, October 9, 2008, and then -� publicly read aloud at 2:00 p.m., in the Council Chambers. As mandated by Fort Worth City Council Resolution 3535, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of Oxides of Nitrogen(NOx)emissions per ton of clinker produced. Bidder shall submit the `Green Cement Policy Compliance Statement' at the time of bid opening of the project. A copy of the Compliance Statement is included in the Contract Documents. Failure to comply with the `Green' Cement Policy shall be grounds for rejecting the bid as non-responsive. Specifications and Contract Documents for this project may be purchased for twenty dollars ($20) per set at the office of the Transportation and Public Works Department, Municipal Office Building, 1000 Throckmorton Street, 2"d Floor, Fort Worth, Texas 76102. These documents contain additional information for prospective bidders. A pre-bid conference will be held at 9:00 A.M. Thursday, September 25,2008, in the Transportation and Public Works Conference Room,2nd Floor,Municipal Building,RM 270. The major work on the above-referenced project shall consist of the following: Artwork Installation of Foundation and Artwork: 6 EA Artwork Foundations 6 EA Installation of Artwork on Lancaster Avenue I LS Electrical Sitework—Conduits,Time Clocks,and Meters 6 EA LED Lights for new Artwork _ Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. For additional information, please contact Patrick J. Buckley, Senior Professional Engineer at(817) 392- 2443 or Patrick.Buckley@fortworthgov.org. Dale A.Fisseler,P.E. Greg S' mo s,P.E.,Actin irect r City Manager Trans ortat o and Public orks epartment 7� Advertising Dates: By; September 11,2008 tatric4 J B ckley,P.E. September 18,2008 Senior of ssional Engineer .. ow SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 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 five(5%)per cent of the total of the bid submitted must accompany the = bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. 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. 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. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both 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,Texas Government Code. In order for a surety to be acceptable to the City, 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. .. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the _ contractor shall immediately provide a new surety satisfactory to the City. F If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract,solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount 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. All contracts shall require a maintenance bond in the amount of one hundred percent (100%)of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. 10/27/04 1 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City: The provisions of the special provision titled"Right to Audit"pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant %.r holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$500,000 each person, $1,000,000 each occurrence($2,000,000 aggregate limit);Property Damage-$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: .rw 10/27/04 2 F a. The City, its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth, TX 76102,prior to commencement of work on the contracted project. - c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits,or self-funded retention limits,on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project,Contractor shall report, in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City,Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas ,.. resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "" 10/27/04 3 .. .. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes ,,. a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth .. Ordinance No. I5530. the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE .. UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days .. after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. `W Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or 1W examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or 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 facts (other than a negligent .misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3) years. 12. AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be 1W withdrawn until the expiration of ninety(90)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM,and/or the JOINT VENTURE FORM("Documentation")as appropriate is received by the City. The award of contract, if made,will be within ninety(90)days after this documentation is received,but in no case will the .. award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. "W 13. PAYMENT:The Contractor will receive full payment(minus 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. 14/27/04. 4 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk of the Department of Engineering Construction Division at(817)871-7910.Bids that so not acknowledge all applicable addenda maybe rejected as non-resRonsive. IS. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage sir a. Definitions: Certain 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 worker's compensation insurance coverage for the person's or entity's 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 contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services 'related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage " period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. h *w e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: aw (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and 10/27/04 5 (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. `- h. The contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide. services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of - coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: MW (a) a certificate of coverage,prior to the other person beginning work on the project; and .. (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)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 thfo,)�r-(Inpr .� for whom they are providing services. .. 10/27/04 6 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 worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self ' insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,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 does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. 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 WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION:The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall,in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify, in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising nut of i� .n 10/27/04 7 Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. .. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate IM on the basis of disability in the provision of services to the general public,nor in the availability, terms and/or conditions of employment for applicants for employment with,or current employees of IIr Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless "" against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS,FINAL PAYMENT,PROJECT ACCEPTANCE AND WARRANTY: M a. The contractor will receive full payment(less 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. r 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 ar progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. r TAW 10/27/04. 8 Compliance with and Enforcement of Prevailing Wage_Laws (a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all requirements of Chapter 2258,Texas Government Code(Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. (b) Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, ` pursuant to Texas Government Code 2258.023. (c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker,concerning an alleged violation of 2258.023,Texas Government Code,by a contractor or subcontractor,the City shall make an initial determination, before the 315L day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. (d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023,Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11 th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The ` decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. ,. (e) Records to be Maintained. The contractor and each subcontractor shall, for a period of three(3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. (f) Pav Estimates. With each partial payment estimate or payroll period, whichever is less,the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (g) Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. (h) Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through(g) above. HEAVY&HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator $10.06 Asphalt Distributor Operator $13.99 Asphalt Paving Machine Operator $12.78 As halt Raker $11.01 Asphalt Shoveler $ 8.80 -- Batching Plant Weigher $14.15 Broom or Sweeper Operator $ 9.88 Bulldozer Operator $13.22 Carpenter $12.80 Concrete Finisher,Paving $12.85 Concrete Finisher,Structures $13.27 Concrete Paving Curbing Machine Operator $12.00 Concrete Paving Finishing Machine Operator $13.63 Concrete Paving Joint Sealer Operator $12.50 Concrete paving Saw Operator $13.56 Concrete Paving Spreader Operator $14.50 Concrete Rubber $10.61 Crane,Clamshell,Backhoe,Derrick,Dra line,Shovel Operator $14.12 Electrician $18.12 Fla er $ 8.43 Form Builder/Setter,Structures $11.63 Form Setter,Paving&Curb $11.83 Foundation Drill Operator,Crawler Mounted $13.67 Foundation Drill Operator,Truck Mounted $16.30 Front End Loader Operator $12.62 Laborer,Common $ 9.18 Laborer,Utility $10.65 Mechanic $16.97 Milling Machine Operator,Fine Grade $11.83 Mixer Opuator $11.58 Motor Grader Operator,Fine Grade $15.20 Motor Grader Operator,Rough $14.50 Oiler $14.98 Painter,Structures $13.17 Pavement Marking Machine Operator $10.04 Pi ela er $11.04 Reinforcing Steel Setter,Paving $14.86 Reinforcing Steel Setter,Structure $16.29 Roller Operator,Pneumatic,Self-Propelled $11.07 Roller Operator,Steel Wheel,Flat Wheel/Tamping $10.92 Roller Operator,Steel Wheel,Plant Mix Pavement $11.28 Scraper Operator $11.42 Servicer $12.32 Slip Form Machine Operator $12.33 Spreader Box Operator $10.92 �.► Tractor Operator,Crawler Type $12.60 Tractor O erator,Pneumatic $12.91 Traveling Mixer Operator $12.03 Truck Driver Lowboy-Float $14.93 r Truck Driver,Single Axle,Heavy $11.47 Truck Driver Single Axle Light $10.91 Truck Driver,Tandem Axle,Semi-Trailer $11.75 Truck Driver,Transit-Mix $12.08 Wagon Drill,Boring Machine,Post Hole Driller Operator $14.00 Welder $13.57 Work Zone Barricade Servicer $10.09 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hrl Classification Hrly Rate Classification y Rate AC Mechanic $21.69 Plumber $20.43 AC Mechanic Helper $12.00 Plumber Helper $14.90 Acoustical Ceiling Mechanic $15.24 Reinforcing Steel Setter $10.00 Bricklayer/Stone Mason $19.12 Roofer $14.00 Brickta er/Stone Mason Helper $10.10 Roofer Helper $10.00 Carpenter $16.23 Sheet Metal Worker $16.96 aI Carpenter Helper $11.91 Sheet Metal Worker Helper $12.31 Concrete Finisher $13.49 Sprinkler System Installer $18.00 Concrete Form Builder $13.12 Sprinkler System Installer Helper $9.00 Drywall Mechanic $14.62 Steel Worker Structural $17.43 Drywall Helper $10.91 Concrete Pump $20.50 _ Crane,Clamsheel,Backhoe,Derrick, Mine Drywall Taper $13.00 Shovel $17.76 Drywall Taper Helper $9.00 Forklift $12.63 " Electrician Joumeyman) $20.20 Front End Loader $10.50 Electrician Helper $14.43 Truck Driver $14.91 Electronic Technician $19.86 Welder $16.06 Electronic Technician Helper $12.00 Welder Helper $9.75 Floor Layer(Resilient) $20.00 Floor Layer Helper . $13.00 Glazier $18.00 Glazier Helper $13.00 Insulator $14.78 Insulator Helper $11.25 Laborer Common $10.27 Laborer Skilled $13.18 Lather $16.10 Painter $14.83 Painter Helper 58.00 Pipefitter $18.85 Pi efitter Het per $12.83 Plasterer $17.25 Plasterer Helper $12.25 PROPOSAL TO: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH,TEXAS 76102 FOR; FORT WORTH SCULPTURE—LANCASTER AVENUE CITY PROJECT NO.00378 TPW PROJECT NO.C291-541200-209980037880 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 Transportation and Public Works Department of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus (f) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individual pay item bid prices. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish + Performance, Payment and Maintenance Bonds acceptable to and approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums,to-wit: P-1 OCT. 6. 2008 5: 13PM CITY OF FORT WORTH NO. 320 P. 4 Fort Worth Sculpture—Lancaster Avenue Addendum No. 1 Pg. 4 SPEC PAY OUANTITY DESCRIPTION OF ITEMS WITH UNIT TOTAL AMOUNT BED 11EX ITEM BID PRICES WRITTEN IN WORDS PRICE SP 1 2 EA. Sign-Project Designation-Install @ $300.00 $600.00 Three Hundred Dollars & No Cents Per EA SP 2 6 EA Artwork Foundation-Install $� $ 72L000•oO Tw EwE ffl U0 Dollars & N-4 Cents Per EA Foundation �L� as SP 3 6 EA Artwork-Install @ T m^ S 7 3D $ 13 - e00 A5W 90W.9-WO Dollars & NQ Cents Per EA Artwork Piece SP 4 1 LS Electrical Site Work-Install $ arJ $ _ SixrYTHau, Dollars & /vv Cents Per Lump Sum ev co SP 5 6 EA Electrical Lights-Install $� $ zoo- _� TA ' N 9"`ODo ars & / _ Cents Per EA Artwork Piece 00 SP 6 35 CY Green Cement Exclusion-Deduct $ 10-0) $( ) -rE'N Dollars & No Cents Per CY of non-Green Cement ) 5, 50() SP 7 300 LF Boring $ 45 $ � For-Ty T(VC Dollars & tjo Cents Per LF Pg 4 UG I. 6. 2UU8 5: 13FM MY I Y OF FURT WORTH N0. 320 P. 5 Fort Worth Sculpture—Lancaster Avenue Addendum No. I Pg. 5 SPEC PAY QUANTITY DESCRIPTION OF ITEMS WITH UNIT TOTAL AMOUNT BID ITEM ITEM BID PRICES WRITTEN IN WORDS PRICE 22 A do SP 8 6 EA Base-Paving Area $ $ 42,ow SE'VVJ Wf*WP Dollars & AA Cents Per EA Total Bid= $ lid7 -75 Pg 5 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 low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of 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 too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non- resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our print' al place of business or corporate offices are in the State of Texas. Bidder: NORTHSTAR CONSTRUCTION, INC. HAEL A. HE LI MIC IM CH Company By: (Please print) 3210 JOYCE DR. Address Signature FT. WORTH,TX 76116 VICE PRESIDENT y City State Zip Title(Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION -FORT,WO RT H City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY ff the total dollar value of the contract is$25,000 or more,the DBE goal is applicable. if the total dollar value of the contract is less than$26,000,the DBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises(DBE)in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City.. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is Z12 .96 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 DBE program by either of the following: 1. Meet or exceed the above stated DBE 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 Ie T .s Ui'*'Uta"ti.iK�'�' for the entire bid to be considered responsive to the s ecifcatians. ��DB `d10-41-e-1 c as I n n Memo; fl fi' . : . e ep us E I� he xr? 1 :o "edx l h o eta, c . ._ 1. Subcontractor Utilization Form,if received by 5:00 p.m., five (5) City business days after the bid goal is met or exceeded: o ning 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 opening date,exclusive of the bid opening date. less than stated oal: 3. Good Faith Effort Form,if no received by 5:00 p.m., five (5) City business days after the bid participation: opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5.00 p.m., five (5) City business days after the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if goal is met or received by 5:00 p.m., five (5) City business days after the bid exceeded: opening date,exclusive of the bid opening date. •FAILURE TO COMPLY'WITH THE CITY'S DBE PROGRAM,WiLL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MMBE Office at(817)392-6 104. Rev. 11/11105 t ATTACHMENT 1A Page 1 of 4 ,FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Northstar Construction, Inc. PROJECT NAME: MIWDBE NON-MM/DBE Fort Worth Sculpture - Lancaster Avenue October 9, 2008 City's MNVBE Project Goal: Prime's MNVBE Project Utilization: PROJECT NUMBER 20 % 20.62 % City Project No. 00378 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:DD 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 MNVBE firm(s) fisted 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 M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin,Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the. prime contractor, i.e.,.a direct payment from the prime contractor to a subcontractor is considered 1 St tier, a payment by a subcontractor to its supplier is considered 2"a tier ALL MiWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE) is synonymous with Minority/Women Business Enterprise(MNi/BE). 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 MNVBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full MNVBE credit. The MNVBE may lease trucks from non-MNVBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease a�reement. Rev.5/30/03 I A?TACfrtlVAEIv j 1A FOR Page 2 of 4 Primes are required to identify AU.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 (che(*one) o SUBCONTRACTORISUPPUER T n ; N T Detail Detail Company Name Address e M yy C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B R O B E E C T E A C.T. &S, Inc. 1 X X X Sculpture Installation $ 30,000.00 1513 Maryland Drive Irving, TX 75061 (972) 554-9629 office (972)438-9828 fax Moreno Supply 1 X X X Conduit&1Nire $ 11,090.53 4134 Billy Mitchell Drive Addison, TX 75001 ~ (972)233-4429 office (972)233-4906 fax Cowtown Redi Mix 1 X X X Ready Mix Concrete $ 9,000.00 P.O Box 162327 Fort Worth, TX 76161 (817) 759-1919 office (817) 759-1716 fax Nema 3 Electric 1 X Electrical Installation $ 51,125.00 4591 Old Highway 67 Midlothian, TX 76065 { (972) 723-1180 office (972) 723-1181 fax Statewide Trucking Corp. 1 X X X Trucking Haul-Off $ 1,000.00 P.O. Box 169 Fate,TX 75132 (972)771-1203 office (972)771-1249 fax Barnsco, Inc. 1 X Reinforcing Steel $ 4,000.00 -. 1435 Fort Worth Highway & Concrete Weatherford, TX 76086 Accessories (817) 341-9494 office (817) 341-9595 fax Rev.5i30103 I A TACMElT IA -FORT WORTH Page 4 or 4 Total Dollar Amount of MIWBE Subcontractors/Suppliers $ 517089.53 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 55,125.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 106,214.53 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/Add)fion. 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 MNV/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. Michael A. Heimlich Authorlaed signature Printed signature Vice President - 'rltle Contact NameMUe(if different? Northstar Construction, Inc. (817) 244-8885 Company Name 'telephone andfor Fax y 3210 Joyce Drive mikehanorthstar93.com Address E-mail Address Fort Worth, TX 76116 October 16, 2008 CKYistateop Date. Rev.5/30/03 M/WBE REQUIRED DOCUMENTATION RECEIPT Transportation & Public Works e Official Date: It / /� Official Time: Bid Date: / 0� _ Project Name:Manager: �- Project Mana g Forms Submitted By Name: Company: C�/`L Received By. ��- SPECIAL PROVISIONS FOR: FORT WORTH SCULPTURE-LANCASTER AVENUE CITY PROEJCT NO.00378 TPW PROJECT NO.C291-541200-209980037880 1. SCOPE OF WORK: The work covered by these plans, details and specifications consists of construction of six foundations and pedestals for proposed art being installed on Lancaster Avenue between Taylor and Calhoun Street, utilizing the forms provided by Artist (Cliff Garten and Associates, Inc.), the installation of electrical conduits and light fixtures as described in the construction plans, and installation.of the art pieces being shipped by the Artist. These items are described in the Special Provisions of these specifications and described on the following construction documents.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. Construction Documents(on Disk): • Sheet A1.0—Sculpture Base—March 11,2008 • Sheet S1.0—General Notes&Key Plan—March 27,2008 • Sheet S2.0—Enlarged Plans,Elevations,Sections,and Details—March 27,2008 • Sheet E0.1—General Notes,Special Notes,and Abbreviations—February 27,2008 • Sheet E1.1—Electrical Site Plan-February 27,2008 • Sheet E1.2—Electrical Site Plan-February 27,2008 • Sheet E2—Single Line Diagram,Fixture Schedule,and Panel Schedule-February 27,2008 • Sheet E3—Electrical Details-February 27,2008 • Sheet E4—Wiring Details-February 27,2008 • Sheet 1—Lighting Fixtures—May 30,2008(080530_LightingFixtureLocationsjl.pdf) • Lighting Schedule—May 29,2008(080529_Lighting_Fixture—Schedule.xls) • LX Fixture Cutsheet—(080422—Illumivision—lx.pdf) • In-Ground LX Fixture Cutsheet—(080422—Illumivision—inground—lx_cutsheet.pdf) • Large Sculpture Base Details(080124 LargeSculpture—Base_01—a.jpg through 080124 LargeSculpture Base 01 a jpg) - The Contractor shall mobilize within ten (10)working days of the notice given by the Construction Engineer. If the contractor fails to begin the work within ten (10) working days, a $2,000 dollars liquidated damage will be assessed per day. It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing traffic SP-1 control to be provided during construction, ingress and egress to adjacent public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. The contractor shall verify these conditions with the Construction Engineer. 2. AWARD OF CONTRACT: Contract will be awarded to the lowest responsible bidder. 3. SUBMITTALS FOR CONTRACT AWARD: The City reserves the right to require contractor who is the apparent low bidder(s) for the project to submit such information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule,to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the information if requested may be grounds for rejecting the apparent low bidder as non- responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 4. CONTRACT TIME: 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 Street and Storm Drain Construction of the City of Fort Worth,Texas. - The contract time will be counted from the date set at the pre-construction conference and will continue until a time the inspector determines the project is ready for a final inspection. At that time a final inspection will be scheduled. If in the opinion of the inspector the project has not been made ready, the .final inspection will be cancelled and time will continue to be counted. A five working day period is required for the rescheduling of a final inspection. The Contractor also agrees to complete the final punch list within ten (10) working days after receiving it. If the Contractor fails to complete the work within ten(10)working days,the counting of the number of day to complete the Contract will resume and liquidated damages shall be charged, SP-2 as outlined in Part 1, Item 8,Paragraph 8.6,of the"General Provisions"of the Standard Specification for Street and Storm Drain Construction of the City of Fort Worth,Texas. 5. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule,the following process shall be applicable: The work progress on the construction project will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10%of the work completed in 30%of the stated contract time as may be amended by change order),the following proactive measures will be taken: A. A letter will be mailed to the contractor by certified mail; return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. B. The Construction Engineer and the Director of the Transportation and Public Works Department will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. C. Any notice that may, in the City's sole discretion, is required to be provided to interested individuals will distributed by the Construction Engineer. D. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Construction Engineer will, if necessary, then forward updated notices to the interested individuals. E. if the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. SP-3 6. RIGHT TO ABANDON: 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. 7. CONSTRUCTION SPECIFICATIONS: 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 Transportation and Public Works Department, 1000 Throckmorton Street, 2nd floor of the Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item in the Proposal. If not shown, then applicable published specifications in any of these documents may be followed at the discretion of the Contractor. 8. CONTRACT DOCUMENTS: 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. 9. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship,or both, for a period of one(1)year 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. 10. 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 SP-,4 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" T 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 na,817-392-8712 at least 5 working days prior to the preconstruction 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 Department, Signs and Markings Division (phone number 817-392-7738), 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. Most of the work is in the median of Lancaster Avenue, the Contractor shall limit his work within one continuous lane of traffic on each side of the median to minimize interruption to the flow of traffic on Lancaster Avenue upon the approval of the City Engineer. Work shall not be performed on certain intersections/streets during"peak traffic periods(7 a.m. to 9 a.m. and to 4 p.m.to 5 p.m.)';or, 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." SP-5 11. PAYMENT: Payment will be made to the contractor twice a month for work completed during the pay periods ending on the 1511 and the 30'' day of each month. Checks (less 5% retainage) will be sent to the _ contractor within the two(2)week window following each payment period. Payment of the retainage will be made with the final payment upon acceptance of the project. See Special Instructions to Bidders Item No. 14 for further requirements. 12. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by .� him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the 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. 13. 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 to the latest edition of the "Texas Manual on Uniform Traffic Control Devices,Vol.No. I". 14. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator SP-5 ("Administrator"),of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056) and a flood plain permit issued. All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at Contractor's expense. In the event that the Contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site,upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. No temporary storage of material,rubble,equipment or vehicles within parkway is allowed. Damage to sodded/landscaped areas shall be replaced at Contractor's expense to the satisfaction of City Engineer. 15. ZONING REOUIREMENTS: 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. 16. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 17. CONSTRUCTION SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the contractor to complete the work in the allotted time. Contractor will not move on to the job site nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Contract start date would be outlined in the pre-construction work order notice. Project schedule will be uQdated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. SP-7 18. 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 Y 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 (TXU Electric Delivery) 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 TXU Electric Delivery and shall record action taken in each case. (4) The Contractor is required to make arrangements with the TXU Electric Delivery 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). 19. 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 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, SP-8 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. 20. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: 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 City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City 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 City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has y been referred to the insurance carrier. The Director may, if deemed 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. 21. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term"or equal",or"or approved equal"is used, it is understood that if a SP-9 material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact,equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub- section as related to"substitutions" shall be applicable to all sections of these specifications. 22. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor, at his own expense. 23. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 24. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained written permission from the property Owner. A copy of the written permit shall be provided to the assigned inspector prior to utilization of the property. 25. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. - 26. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 27. 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 SP-1 Q 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.). 28. WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays,and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven(7)hours between 7:00 A.M.and 6:00 P.M.,with exceptions as permitted by the Engineer. 29. `GREEN' CEMENT POLICY `GREEN' CEMENT POLICY: As mandated by Fort Worth City Council Resolution 3536, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of NOx emissions per ton of clinker produced.. All related costs for complying with the `Green' Cement Policy shall be considered subsidiary to the applicable project pay items. This policy shall also apply to all cement products including concrete,and concrete products. The contractor shall complete and submit the `Green' Cement Policy Compliance Statement (included in the contract documents) at the time of bid opening of the project. Failure to comply with the `Green' Cement policy shall be grounds for rejecting the bid as non-responsive. During the tern of the contract if cement meeting the above requirement is not available, and where cement from a non-compliant source must be utilized, the contractor shall furnish good faith effort documentation in form of letters from two North Texas cement manufacturers of `Green' Cement stating that no stock of`green' cement is available for the contractor at that time. These letters shall be considered valid for a maximum of one week after which new letters must be submitted to the Project Inspector if`green' cement continues to remain unavailable. 30. QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with _. the name of the pit from which the material was taken. The contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The contractor shall provide a certified copy of the test results to the City. SP-11 (c) Quality control testing of in situ material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the contractor and will be billed at commercial rates .. as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the contractor for operations requiring testing. The contractor shall provide access and trench safety system (if required) T for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. R (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. (f) The Contractor shall provide, at its own expense, Special Inspection Reports as specified on the construction drawings. 31. ITEMS OF CONSTRUCTION NON-PAY ITEM No. 1 -SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall "r 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—LOCATION OF UTILITIES: The contractor shall be responsible for locating and marking any utilities in the median and street of this contract. Proof of documentation must be provided to the assigned inspector prior to start of any construction on this project. The contractor shall attempt to include the Construction Engineer or his designee (if available) in the observation and marking activity. In any event, the area of work shall be completely marked a minimum of two (2) working days before work begins. Marking the curbs with paint may be allowed if and only if a water base paint is used. It shall be the contractor's responsibility to notify the utility companies that he has commenced work on the project. The following are utility contact persons: SP-12 Company Telephone Number Contact Person SBC—Telephone 817-338-6202 Mr. Gary Tillory 214-384-3732 Cell TXU Electric Delivery: Downtown 817-215-6424 Mr. Scott King Other than Downtown 817-215-6688 Mr. Robert Martinez Atmos Energy (Gas) 817-215-4366 Mr. John Crane 469-261-2314 Cell CFW-Street Light 817-392-7738 Mr. James Turner CFW—Light Signal 817-392-2538 Mr. Frank Brock 817-392-2535 Mr.Monte Wilson CFW—Pavement Marking 817-392-8101 Mr. Marion Goodspeed CFW-Storm Drain 817-392-5196 Mr. Rodney Smithey CFW- Water 817-212-2699 Mr. Roger Hauser 817-925-2360 Cell CFW-Sewer 817-212-2699 Mr. Rick Davis 817-944-8399 Cell 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. NON-PAY ITEM NO.3-PROTECTION OF TREES,PLANTS,SOIL,ETC.: All property along and adjacent to the Contractor's operations including lawns, yards, irrigation systems, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. However, no direct payment will be T made for this item and it shall be considered incidental to this contract. NON-PAY ITEM NO.4—PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the I;Ingineer as the work SP-13 E progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of the roadway and residents' property If it has been determined that the jobsite has not been kept in an orderly condition, the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. The Contractor shall make a final cleanup of each area of work has been constructed. No more than Seven (7) working days shall elapse after completion of construction before the roadway and right-of-way is cleaned and restored. Project time will not be suspended and a $200 charge per day will be made as liquidation `" damages. The Contractor shall make a final cleanup of the whole project before acceptance of the project is l made. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM NO.5—STORM DRAIN INLET PROTECTION: The Contractor shall use inlet protection for sediment control, in accordance with the Standard Specifications for Public Works Construction-North Central Texas. 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. Other sediment control may be needed and shall be provided by the Contractor. However, no direct payment will be made for this item and it shall be considered incidental to this contract. PAY ITEM NO. 1 -SIGN-PROJECT DESIGNATION-Install: Y 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 r 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 SP-14 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/a inch fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO.2-ARTWORK FOUNDATIONS-INSTALL: The Contractor shall construct six (6) Artist Sculpture Supports and concrete foundations as described in the contract documents. The actual location of each foundation shall be directed by the Engineer. Re-useable stainless steel concrete forms for Artist Sculpture Support shall be provided for the Contractor's use and can be picked up by the Contractor at the James Street Facility, Fort Worth, Texas. The Contractor shall protect the forms from all damage for the extent of the project and shall return the forms to the City at the completion of the project. The Special Inspection specified by the documents for the foundation work shall be paid for by the Contractor under this item. The cement shall be Green Cement as specified by item number 29 of these Special Provisions. See Pay Item No. 6 for the option of not using Green Cement for the concrete on this project. The Contractor shall provide a sample panel as specified in the construction documents. The unit price bid per each will be full payment for materials including all labor,equipment,tools and incidentals necessary to complete the work. PAY ITEM NO.3-ARTWORK-INSTALL: The Contractor shall install six (6) Artwork pieces as described in the contract documents. The Contractor shall take delivery of the Artwork from the Artist at the project site, or a location in Fort Worth, agreed upon by the Contractor, Artist, and City. The Contractor shall install the Artwork detailed in the construction documents. The Contractor shall store and protect the Artwork from all damage once delivery of pieces to Contractor. SP-15 The Special Inspection for installation specified by the documents shall be paid for by the Contractor under this item. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM NO.4-ELECTRICAL SITE WORK-INSTALL: The Contractor shall install all conduits, pedestal mounted service equipment including service disconnect, meter, distribution section, wiring, and time clock as described in the contract documents. Any conduit needed to cross the existing street shall be bored. The unit price bid per lump sum will be full payment for materials including all labor,equipment, tools and incidentals necessary to complete the work. PAY ITEM NO.5-ELECTRICAL LIGHTS-INSTALL: The Contractor shall install all lights for the Artwork as described in the contract documents. All lights required for the Artwork shall be submitted as specified in the contract documents for approval. The unit price bid per each Artwork will be full payment for materials including all labor, equipment,tools and incidentals necessary to complete the work for each Artwork piece. PAY ITEM NO.6—GREEN CEMENT EXCLUSION: In order to monitor the Green Cement Policy, please submit a cost per cubic yard of not using Green Cement. This cost per cubic yard will be deducted from the total bid if Green Cement is not used. _ The unit price bid per cubic yard of concrete will be full payment for not using Green Cement as specified in the Special Provisions. This amount will be deducted from the Total Bid for the amount of concrete used that is not using Green Cement. END OF SECTION SP-16 (THU)OCT 9 2008 72:68/5T. 12:68/No. 7633976'�'r'�� 7 FROM GREEN CEMENT POLICY COMPLIANCE STATEMENT (To he fumished by the Contractor to the City at the time of bid opening) (Submit separate forms for each suppiier/product supplier) Foxr Wo e-T* s",H ow - L4,ovc4s7Lc* 4w Name of Project: City Proj. No.: 044W -- � This is to certify that the cement to be utilized for the above project will meet the following criteria: The cement was manufactured in a kiln utilizing the dry process (list source below) or in a kiln that meets the emission standard of 1.71b or less of NOx/ton of clinker released into the atmosphere. Name of Manufacturer r Address of Manufacturer: CONTRAC f6ft SUPPLIER Neme VICE PRESIDENT44- Name Company Company z: Q Phone Number Phone Number 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 Lancaster Avenue Median Lighting Project (Avenue of Light) and City of Fort Worth Project No. 00378. CONTRACTOR: NORTHER CONSTRUCTION. INC- By:_B W z a llzc��u - Name: MICHAEL A. HEIMLICH Title: VICE PRESIDENT Date: /V o Veer. r 14 2 on5 STATE OF TEXAS § COUNTY OF TARRANT § Before m�, the u er.9 red authority, on this day personally appeared �lx known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to a that he executed tOe same as the act and deed of Ifl for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this day of , 20 0� Y REA BARBS _ ot� AND x Notary Public Nptary'Public in an 4 fo t��e State of `,®* STATE OF TEXAS My comm.Exp.02/08/2011 Texas CERTIFICATE OF INSURANCE STANDARD FORM BY INSURER ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9 18 2008 PRODUCER Phone: 972-231-8277 Fax: 972-231-8291 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Independent Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3010 LBJ Freeway Ste. 920 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dallas TX 75234-7004 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:America First Insurance Co. Northstar Construction, Inc. INSURERS: 3210 Joyce Drive Fort Worth TX 7611.6 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPECIFINSURANCE POLICYNUMBER DATE MM DD DATE MM/DD LIMITS - A GENERAL LIABILITY CBP8398167 3/10/2008 3/10/2009 EACH OCCURRENCE $ 1 000 000 AMAGETO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $3 0 0 0 0 0 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 15 0 0 0 X B1 kt A&I'1 TnG'c3 PERSONAL BADVINJURY $ 1 000 000 X Blkt WOS GENERAL AGGREGATE $2 000 000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2 000 000 POLICY X PRO- LOC A AUTOMOBILE LIABILITY BA812 815 7 3/10/2008 3/10/2009 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,0 0 0, 0 0 0 ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ X HIREOAUTOS BODILY INJURY }� NON-OWNEOAUTOS (Per accident) $ PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLALIABILITY CU8128857 3/10/2008 3/10/2009 EACH OCCURRENCE $1 000 000 X OCCUR CLAIMS MADE AGGREGATE $ 1 0 0 O 0 0 0 DEDUCTIBLE $ X RETENTION $10 0 0 0 $ TATUA WORKERS COMPENSATION AND WC8269133 3/10/2008 3/10/2009 WC LIMIT OTH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1 O O O O O O OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1 0 0 O 0 0 0 Ifyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1 0 0 0 0 0 0 OTHER i 2 A CBP8398167 3/10/2008 3/10/2009 ease/Rented Equip p $ 50,000 Equipment Floater Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS , Certificate holder is listed as additional insured in respects to GL, Auto, and Umbrella liability as per written contract. Waiver of subrogation in favor of certificate holder applies to GL, Auto and WC. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Fort Worth WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 1000 Throckmorton CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Fort Worth TX 76102 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT 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 after the coverage afforded by the policies listed thereon. ACORD 25(2001/08) EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: (3AV4AAtQe - I EA /4 WLow g�arz.AS - 3 �4 Portions of work Bidder proposes to sublet in case of Award of Contracts including amount and type: (o2. Do o ee � . EXPERIENCE RECORD List of projects your organization has successfully completed: Amount Of Contract Type of Work Date Accepted Name and Address of Owner Award QL/ksH F0oc. Gt'IY op Y►: Iwlorll�+ 705 �.cP2 P�fl- pA- SM &015 . wo ►� 4PP ��� �gJlwJ(. `(it�t/✓ T �N Or 14DCISOw a oiv TX 030 012. co ', �Ju 4�oW` �uNt Zoo? C-rr fl - 6a.AAvo PAA10It, �RaD6c. 6AZCrI RP71 (0�2.OJ TMPaoVeM ;J-uAt OW7 BEN List of projects your organization is now engaged in completing: Amount Of Contract Type of Anticipated Name and Address of Owner Award Work Date of Completion 3 30J1OOa � a� WORM. T KEN N►U,RT 1 tJAN. Z009 Crn' OF 6a.~D Pa..al2,s 2j2-921 00000_ aa.� �� DES. Z 05 d!n of°-T P, .�kaa� REv &I 1 ` 3S7,000 NOV. Z008 c4 rr of L WPOI/1u.E List Surety Bonds in force on above incomplete work: Date of Contract Award Type of Work Amount of Name and Address of Bond Bond Surety 4 i 1 I "'�* i i , � , 1 1 ♦ ' � 2 Bond# 105182842 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Northstar Construction, Inc, as Principal herein, and (2) _ Travelers Casualty and Surety Company of America , a corporation organized under the laws of the State of (3) Connecticut , 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 Two Hundred Forty Seven Thousand, Seven Hundred Fifty Dollars and No Cents Dollars ($247,750.00), for the payment of which sum we bind ourselves, our heirs, executor,, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 2e day of October , 2008, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of: LANCASTER AVENUE MEDIAN LIGHTING PROJECT (AVENUE OF LIGHT) -00378. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 2e day of_October , 2008. w Northstar Construction, Inc. _ PRINCIPAL TT ST: - By: , 111111/ Name: kvIICHAEL A. HEIMLICH (Principal) Secretary CO)VS••TgG�.' Title: U� E PRESIDE (SEAL) :_ 118 p_: Address: 12 0 Joyce Drive 93 Z e 2 Fort Worth,TX 76116 i� .•lF •r .�e n ss as to Pri cipa Travelers Casualty and Surety Company of America SURE7-1 -huk P - ATTEST: By: i Name: Steve Deal Secretary Attorney in Fact (S E A L) Address: 1301 E. Collins Blvd ,Sirup San Richardson,TX 75080 Wi' as to Sure y Telephone Number. (214)570-6632 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# 105182842 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Northstar Construction. Inc. as Principal herein, and (2) Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of(3) Connecticut , 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 Two Hundred Forty Seven Thousand, Seven Hundred Fifty Dollars and No Cents Dollars ($247,750.00), 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 the 28a' day of October , 2008, which contract is hereby referred to and made apart hereof as if fully and to the same extent as if copied at length, for the following project: LANCASTER AVENUE MEDIAN LIGHTING PROJECT (AVENUE OF LIGHT)-00378. 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. �_. Northstar Construction.Inc. PRINCIPAL ' i+�`� �11 fill, By: (/lam b%�1�LCW�ST: % N 4'''`''� P•'' ' % Name: MICHAEL A. HEIMLICH (Principal) Secretary :� ,9 VICE PRESIDENT -I 93 Z= Title: (S E A L) ��.� %.T XAS,•.•••'.Q?:� Address: 3210 Joyce Drive Fort Worth,TX 76116 nt s as to Principal Travelers Casualty and Surety Company of America SURE ATTEST: By: Name: Steve Deal Secretary Attorney in Fact (S E A L) Address: 1301 E. Collins Blvd.,Suite 340 Richardson,TX 75080 1Af as to Surety Telephone Number. (214)570-6632 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* 105182842 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS: That Northstar Construction, Inc. ("Contractor"),as principal, and, Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut , ("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 Two Hundred Forty Seven Thousand, Seven Hundred Fifty Dollars and No Cents Dollars ($247,750.00), 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 28s' day of October , 2008, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: LANCASTER AVENUE MEDIAN LIGHTING PROJECT (AVENUE OF LIGHT) the same being referred to herein and in said contract as the Work and being designated as project number(s) 00378 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term Of 2(Two)Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOWTHPRPRORE, 9 said Contractor--hall keep and perfo= its said agreement to maintain, reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be Bond# 105182842 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 2e day of October , A.D. 2008. Northstar Construction,Inc. PRINCIPAL ALlam(. TT� By: _ Name: MICHAEL A. HEIMLICH (Principal)Secretary `,•PQ►r,.••'�'~•••..,�0--,,, VICE PRESIDENT y{ :O_ Title; X• 93: Ze 'S E A L) �=is �` Address: ��QJo4e Drive e��rp 9°••.••• AS••.�• O�r. Fort Worth,TX 76116 ♦ Nitness as to Principall Travelers Casualty and Surety Company of America SURETY ATTEST: By: Name: Steve Deal Secretary Attorney in Fact (S E A L) Address: 1301 E„�`nn, �,ns R„�Ad„ Richardson,TX 75080 Witne s o Sure Telephone Number. (214) 570-6632 NOTE: (1) Correct name of Principal (Contractor). (9) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attomey-in-Fact. e date 6f bondMil 1WARNINIG:TH P044ER OF ATTORNEY IS INVALID WITHOUTTHE REO BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company n Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company « Q Attorney-In Fact No. 215082 Certificate No. 002198896 ' KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Donal Boley,Staci Gross,and Steve Deal ■ of the City of Wichita Falls State of Texas their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pe*401in a ons orceedings allowed by law. IN WITNESS WHEREOF,the Companies 2008ave caused this iflstrulTWFkT to be signed and their corrit�thte seals to be hereto affixed,this 29th S Ua day of January Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G,.SU,��) � SUFFly J FARE 6 y O�RM I NSG9 �¢+""NSU q x 9JP TY qpo J osse eZO�?6 Spyy�-P'ta o�+9_cpp��ca�"z��J���in_.(o 1 C'T�1.!A 9p°°7''17�6• �1yO�A9PO5,t,,fA1 t EO m'>Oi�1.O9F�724 7 O/s'�,;q�rv�e`�P m �'r�Q�I`dL•a:QS'f-SM•-EG...�.A.R..gL•I fL.-r t:i'sTf t zWocr.Y f G:,'.O-.P.�P"O'R_'g..r�ta';ak:("aN Ai i: aus b n aRDNR.Da, a",SBLL:'° � State of Connecticut By: City of Hartford SS. lGeorgl&Thompson, jol ice President On this the 29th day of January 200,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. o SbA In Witness Whereof,I hereunto set my hand and official seal.My Commission expires the 30th day of June,2011. Marie C.Tetreault,Notary Public CV 58440-5-07 Printed in U.S.A. WAFINkNG TI1I$POWER OF ATTORNEY IS INVALID WITHOUT THE RED 130HOER WeN RNING:TH18 ROWER OF A'TTOF?NZY IS INVA'ED W1TH041TTHE RED SORDER I This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any ■ of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy r thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice ; President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance i Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety gompany QfAmerica,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of'A ttorney.executed by said Vompanies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand andaffixed the seals of said Corhpanies this 7th day of November 2008 . w Kori M.Johans Assistant Secretary + 3�ry'�7y p o�•°M CT�P1p0 S�iEIy FL0. �,M i,yy. ..,!"H�� p TY 4N0 Y a P f�°N PORAIFS ? pPOAA 19 s ?• n �i, ° CONN, n OOaH. t896 E • s �!S.A�I v.••... •'a Pr �e � � f To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. r. i WARNING:THfS POWER OF ATTORNEY 1$1NVALI1)WITHOUT THE FIE[)BORDER r STPA U L 1St.3 Paul Travelers Bond TRAVELERS �a�Collins 81 Phone:800-842-0612 Fax:214-570-6405 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty&Surety Company of America,Travelers Casualty &Surety Company,Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia,PA 19102 (267)675-3057 (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies,coverages,rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin,TX 78714-9104 (800)252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021,Government Code,and Section 53.202,Property Code,effective September 1,2001. 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 2e day of October , 2008 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 Northstar Construction, Inc. HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: LANCASTER AVENUE MEDIAN LIGHTING PROJECT(AVENUE OF LIGHT) Designated as project number: C291-541200-039980037880 & GR76-541200-006206164010 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the 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. A A A A A A A 1 A A I 1 1 1 I 1 3. a 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 Transportation and Public Works ' Department 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 Transportation and Public Works Department of the City of Fort Worth and the City Council of the , City of Fort Worth within a period of 45 calendar days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $210 per calendar day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete the same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 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, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to A A A A 1 A a I ' i 1 I I 1 property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the nepli_oence or alleged negligence of Owner, its officers, servants or emalouses. 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. 3 7. 7 The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Government Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent (100%) of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in by-weekly 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 TWO HUNDRED FORTY SEVEN THOUSAND, SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS $247,750.00 A A A A A A A A 1 1 i 1 1 I I 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 Transportation and Public Works Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. 11. The Contractor shall procure and shall maintain during the life of this contract insurance as specified in paragraph 8 of Special Instruction to Bidders of this contract documents. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in Six 6 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through - its duly authorized officers in Six 6 counterparts with its corporate seal attached. f` A A A A A A A A A A A 7 1 1 1 1 I I Done in Fort Worth, Texas, this the 2e day of October , 2008 . APPROVA CITY OF FORT WORTH DIRECTOR,39iMTMENT PO TATION AND ASSISTANT CITY MANAGER PUBLIC WO Contract Au norizatiox 'Do, CPO NORTHSTAR CONSTRUCTION, INC. AST: (Contractor) �'T-Y- SECRETARY (SEAL) BY: _ a A".A (Representative) VICE PRESIDENT 3210 JOYCE DR. AP V S M & (Address) LEGALI FT.WORTH,TX 76116 (City/State/Zip) ASSISTANT CITY ATTORNEY Revised June 2008 w PROJECT DESIGNATION SIGN -- 4 -0 _ PMS-286 4 42" FoRTWORT. H , t 4 62 PMS-167 3" ancaster Avenue Sculpture 3" 2ND LINE --� -0 IF NECESSARY 3" Contractor: , >> 22"LContractor's Names 2" --Telephone Number .71„ Fort Worth Public Art 2"= Scheduled Completion Date , >> Year 5„ r � FONTS: FORT WORTH LOGO = CHELTINGHAM BOLD ALL OTHER LETTERING = ARIAL BOLD LOGO COLORS: FORT WORTH - PMS 288 LONGHORN LOGO - PMS 167 PROJECT DESIGNATION SIGN LETTERING - PMS 288 BACKGROUND -WHITE CITY OF FORT WORTH-CONSTRUCTION STANDARD BORDER - BLUE DRAWING N0. DATE: 9-20-02