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HomeMy WebLinkAboutContract 41208FORT WORTH c1TY sEcRETARY LL\ at)}]_ CONTRACT NO ._J~-----~-- SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PEDESTRIAN CROSSWALK AND PAVEMENT MARKINGS IMPROVEMENTS HEMPHILL STREET BETWEEN WEST OLEANDER STREET AND WEST VICKERY BOULEVARD Michael J. Moncrief Mayor CITY PROJECT No. TPW-2009-000084 T)oc# folft,q MARCH 2010 William A. Verkest, P.E. Dale A. Fisseler, P.E. City Manager Director, Transportation and Public Works Department PREPARED FOR : The City of Fort Worth OFFICIAL RECOR D KIMLEY-HORN AND ASSOCIATES, INC . CITY SECRETARY TBPE REG #928 T. WORTH, TX ""'""""""~"""l:I" ="':1 ( OF T1:-"\ ~-<-,\>· ..... ····-~-+-.,., i~ ""e:i •• ·• * ··.-:is ·~ "" •• " •• 9 ""* .· . . ·. * 8 tP • · • o ~*-: ·-.*~ t7·································~ t SCO TT R ARNOLD 1 ~ ••••••••••••••••••••••••••••••••• tJ V. • • ,I Q(~·.. 96782 /[;1 e o,;.-. <'. 't..'v •• ~«:;.& u)t~(1-~s!'f?-.:{~t:.~.11 .,o ~i~P.£. 1 - - na ¢Ol'Y FOR: __ CONTRACTOR -· -:;s--.-CONTRACTOR'S BONDING CO. v CffY SECRETARY ....,..-· CITYIAMGER'IOFFICE __ ENGINEERING DIY. __ T/PW, FU con M&CReview http ://apps.cfwne t.org/cotmc i l_packet/mc _revi e w .a s p ?ID= 1387 4&coun ... - - - of2 Offi:ial site of the City of Fort W orth, Tex as CITY COUNCIL AGENDA FORT WORTH ~ DATE: CODE: COUNCIL ACTION: Approved on 9/28/2010 -Ord. No. 19368-09-2010 91281201 O REFERENCE NO.: C TYPE: **C-24487 LOG NAME: CONSENT PUBLIC HEARING: 20HEMPHILL PEDESTRIAN CROSSWALK NO SUBJECT: Authorize a Contract in the Amount of $68 ,950.00 with Northstar Construction Inc., for Pedestrian Crosswalk and Pavement Marking Improvements on Hemphill Street between Vickery Boulevard and Oleander Street and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize transfer of $70,000.00 from the Special Assessment District Fund to the Specially Funded Capital Projects Fund ; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $70,000.00 in the Specially Funded Capital Projects Fund from available funds ; and 3. Authorize the City Manager to execute a contract in the amount of $68 ,950.00 with Northstar Construction Inc ., for pedestrian crosswalk and pavement marking improvements on Hemphill Street between Vickery Boulevard and Oleander Street (Project 01475) DISCUSSION: On January 29, 2009, the Fort Worth Southside Tax Increment Finance District No . 4 approved funds not to exceed $50,000.00 for the design of pedestrian crosswalk and pavement marking improvements on Hemphill Street between Vickery Boulevard and Oleander Street. On March 20, 2009, (City Secretary Contract Number 38346) the City Manager executed an Engineering Agreement with Kimley-Horn to design pedestrian crosswalk and pavement marking improvements on Hemphill Street between Vickery Boulevard and Rosedale Street. On September 21, 2009, (City Secretary Contract Number 38346-A 1) the City Manager executed Amendment Number 1 to the Engineering Agreement with Kimley-Horn to extend the design south of Rosedale Street to Oleander Street to include traffic signal modification and continued project coordination with the Hemphill/Magnolia Streetscape Project and West Rosedale Streetscape Project. On October 7, 2009, the Fort Worth Southside Tax Increment Finance District No. 4 approved funds not to exceed $70 ,000.00 for the construction of the Hemphill Street pedestrian crosswalk and pavement marking improvements between Vickery Boulevard and Oleander Street. The Fort Worth Transportation Authority (The "T") will provide funds in the amount of $2 ,960.00 for construction of transit enhancements in the Hemphill corridor. The total amount available for the project is $72 ,960.00. The City's Transportation and Public Works Department will invoice "The T" for reimbursement of the $2 ,960.00 for construction of transit enhancements as part of the Northstar 11/22/2 010 8 : IO AM M&CReview http ://apps.cfwnet.org/cowicil_packet/mc_review.asp?ID=l3874&coun ... : of2 construction contract. The project was advertised for bid on April 15, 2010 in the Fort Worth Star-Telegram. On May 20, 201 O the following bids were received: Bidders Northstar Construction, Inc. Ed A Wilson, Inc. Unit Unit I Unit II Total Unit I Unit II Total Bid Amount $ 46,125.00 i 22,825.00 $ 68,950.00 $ 75,465.00 $ 261140.00 $101,605.00 Funding in the amount of $4,010.00 is included for associated construction survey, materials testing, inspection and close out. Total project cost is $72,960.00. Northstar Construction Inc., is in compliance with the City's M/WBE ordinance by committing to 31 percent M/WBE participation and documenting good faith effort. The City's goal on this project is 14 percent. This project is located in COUNICL DISTRICTS 8 and 9, Mapsco 77E and 77 J. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. The Transportation and Public Works Department is responsible for the collection and deposit of funds due to the City . TO Fund/Account/Centers 1) C291 472087 209240014580 $70,000.00 2) C291 472087 209240014580 $70,000 .00 2) C291 539120 209240014580 $70 ,000 .00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 20HEMPHI LL PEDESTRIAN CROSSWAL AO . doc Map Hemphill .pdf FROM Fund/Account/Centers 1) GS87 539120 002704097000 $70,000 .00 3) C291 539120 209240014580 $70,000 .00 Fernando Costa (6122) William Verkest (7801) Jim Walker (8009) 11/22/2010 8: 10 Ordinance No. 19368-09-2010 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIALLY F'UNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF $70 ,000 .00 , FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING PEDESTRIAN CROSSWALK AND PAVEMENT MARKING IMPROVEMENTS ON HEMPHILL STREET BETWEEN VICKERY BOULEVARD AND OLEANDER STREET (PROJECT 01475); PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES ; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH ; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH , TEXAS : SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2009-2010 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Specially Funded Capital Projects Fund from available funds , for the purpose of fund ing pedestrian crosswalk and pavement marking improvements on Hemph ill Street between Vickery Boulevard and Oleander Street (Project 01475). SECTION 2. That should any portion , section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision , opinion or judgment shall in no way impair the remaining portions , sections , or parts of sections of this ordinance , which said remaining provisions shall be and remain in full force and effect. SECTION 3. That th is ordinance shall be cumulat ive of Ordinance No .18809 and all other ordinances and appropriations amending the same except in those instances where the prov is ions of this ordinance are in direct conflict with such other ordinances and appropriations , in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed . SECTION 4 . This ordinance shall take effect upon adoption . MAYOR AND COUNCIL COMMUNICATION MAP 20 HEMPHILL PAVEMENT IMPROVEMENTS DETAIL OF PROJECT LOCATION z · i 9 < CD ,. ~-" .. , , i oev1'1T , > t ·r-·; ···· 1· t SH,0-W I I • i •• • • ~·u, ' ' ;~-: BE-ivtc:K : ·o r r r· : .. !~!·· -,· tr.L)-r· r ' BERRY ATKIN S ·C: ,11, ... w ~ 'z ' !en : . ~ g ! ~. ~,JL.-..l!ll'.t--<>----- :;/, t;; l!i Q 2000 3000 4000 OICKSC»< 0 Fl 100 · 1199 HEMPHILL STREET HEMPHILL IMPROVEMENTS I I MAYOR AND COUNCIL COMMUNICATION MAP 20 HEMPHILL PAVEMENT IMPROVEMENTS --~--~[ J ' .~ "'' i' t ----t-·-, o ·, < t i '} -1-! ' I BOWIE ; i t-r 1 \ , ,::J i I ' ~ i c, I i ,O: i j / ___ i _ _j ~ 8 · :i:: JEFFERSON BALTIMORE MONTOYA ...,._L_ i AT KIN S 1 2000 3000 4000 ••c:==---==:::t Ft DETAIL OF PROJECT LOCATION 100 -1199 HEMPHILL STREET HEMPHILL IMPROVEMENTS City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/8/2008 DATE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RATES SUBJECT: REFERENCE NO.: **G-16190 Adopt 2008 Prevailing Wage Rates for City-Awarded Public-Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Preva iling Wage Rates for City-awarded public works projects . DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year The Quoin Chapter of the Associated General Contractors, in conjunction w ith the Association of Builders and Contractors (ABC) and the American Sub-Contractors Association (ASA), conducts a wage rate survey for North Texas construction . The attached 2008 Prevailing Wage Rate data was compiled from that survey . FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds . JO Fund/Account/Centers Submitted for City Manage.r's Office b~ Originating D~partment H_~~_q:_ Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (8476) A. Douglas Rademaker (6157) Eric Bundy (7598) HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 -Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Pavi ng Concrete Finisher, Structures Concrete Paving Cu rbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell , Backhoe, Derrick, Dr~line, Shovel Operator Electrician Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader OpE3lor Laborer, Common ---· Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pipe layer Reinforcing Steel Setter, Pavin g Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propelled Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, ~!eel Wheel, P lant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic T raveling Mixer Operator Truck Driver, Lowboy-Float Truck Driver, Single Axle, Heavy Truck Driver, Single Axle , Light Truck Dri ve r, Tandem Axle , Semi-Trailer Truck Dri ve r, Transit-Mix Wagon Drill, Borin g Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer - $10 .06 $13.99 $12 .78 $11.01 $ 8.80 $14 .15 $ 9.88 $13 .22 $12 .80 $12.85 $13.27 $12 .00 $13.63 $12 .50 $13.56 $14.50 $10.61 $14.12 $18 .12 $ 8.43 $11.63 $11.83 $13.67 $16.30 $12.62 $ 9.18 $10.65 $16.97 $11.83 $11.58 $15 .20 $14.50 $14.98 $13.17 $10.04 $11.04 $14 .86 $16 .29 $11.07 $10.92 $11.28 $11.42 $12.32 $12.33 $10.92 $12.60 $12.91 $12.03 $14.93 $11.47 $10.91 $ I 1.75 $12 .08 $14.00 $13 .57 $10.09 Classification AC Mechanic AC Mechanic Helpe r Acoustical Ceilin11 Mechanic Br icklayer/Stone Mason Bri cklayer /Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Bu ilder Drywall Mechanic Drvwa ll Heloer Drywall Taper Drywall Taper Heloer Electrician (Journeyman) Electrician Heloer Electronic Technician Electronic Techn ician Helper Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helpe r Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Painter Helper Pioefitter Pipefitter He l per Plasterer Plasterer Helper 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hrly Rate Classification $21.69 Plumber $12.00 Plumber Helper $15._~ ~inforcing Steel Setter $19 .12 Roofer $10.10 Roofer Helper $16.23 Sheet Metal Worker $11.91 Sheet Metal Worker Helper $13.49 Sorinkler System Installer $13 .12 Sorinkler Svstem Installer Heloer $14 .62 Steel Worker Structural $10.91 Concrete Pumo Crane , Clamsheel , Backhoe, Derrick, D'line $13 .00 Shovel $9 .00 Forklift $20.20 Front End Loader $14.43 Truck Driver $19 .86 Welder $12 .00 Welder Helper $20 .00 $13.00 $18.00 $13.00 $14.78 $11.25 $10 .27 $13.18 $16 .10 $14.83 ·~-·-·---· $8.00 $18.85 $12 .83 $17.25 $12.25 I I Hrly Rate $20 .43 $14 .90 $10 .00 $14 .00 $10.00 $16.96 $12.31 $18 .00 $9 .00 $17.43 $20 .50 $17.76 $12 .63 $10 .50 $14.91 $16 .06 $9.75 PAVEMENT MARKING AND SIGNING IMPROVEMENTS QUANTITIES TOTAL PAVEMENT MARKINGS/MARKERS MATERIAL UNIT QUANTITIES PLAN 1 PLAN2 PLAN 3 PLAN4 PLAN 5 PLAN6 PLAN 7 PLAN 8 I!] PAVEMENT MARKING-SOLID LANE LINE-H-A-S THERMOPLASTIC (4" WHITE) -IN STALL THERMO LF 320 492 657 700 530 594 695 362 4,350 ffil PAVEMENT MARKING-DOUBLE-SOLID CENTERLI NE-H-A -S THERMOPLASTIC -INSTALL THERMO LF 540 456 590 688 602 457 502 27 4 4,109 ~ PAVEMENT MARKING-SOLID LANE LINE-H-A-S THERMOPLASTIC (8" WHITE) -INSTALL THERMO LF 355 495 95 58 207 0 0 0 1,2 10 [QI PAVEMENT MARKING-CROSSWALK 24 INCH-H-A-E THERMOPLASTIC -INSTALL THERMO LF 0 0 0 0 0 0 0 0 0 [EJ PAVEMENT MARKING-SOLID LANE LINE-H-A-5 THERMOPLASTIC (12" YELLOW) -INSTALL THERMO LF 41 0 52 82 50 0 0 0 225 [El PAVEMENT MARKING-STOP BAR-WHITE-18 INCH -INSTALL THERMO LF 82 0 0 0 72 0 0 30' 164 IGJ PAVEMENT MARKING-TURN ARROWS-INSTALL THERMO EA 5 3 0 0 2 0 0 0 10 IHI PAVEMENT MARKING-LANE LEGEND-P-H-A THERMOPLASTIC ('ONLY") -INSTALL THERMO EA 2 4 0 0 2 2 0 2 12 OJ PAVEMENT MARKING-LANE LEGEND-P-H-A THERMOPLASTIC ("BUSi -INSTALL THERMO EA 0 0 0 0 0 2 0 2 4 QJ PAVEMENT MARKING-LANE MARKERS TY 11-CR-4 ---EA 16 23 20 20 18 20 24 12 155 !Kl REMOVE EXISTING NO PARKING SIGN ---EA 0 0 2 0 0 2 6 0 10 [] REMOVE EXISTING BUS STOP SIGN PANEL & POST ---EA 0 0 0 0 1 1 a 0 2 [Q INSTALL PROPOSED BUS STOP SIGN PANEL & POST ---EA a a a 1 0 1 a a 2 NOTE: PAVEMENT MARKINGS SHALL BE THERMOPLASTIC AS MARKED. SIGNAL IMPROVEMENTS TRAFFIC SIGNAL QUANTITIES UNIT QUANTITY [I] I SIGNAL -SALVAGE EXISTING TRAFFIC SIGNAL EQUIPMENT-REMOVE LS [21 I SIGNAL . SALVAGE EXISTING SIGN -REMOVE EA CROSSWALK IMPROVEMENTS PAVEMENT MARKING REMOVALS PAVEMENT MARKINGS/MARKERS & SIGNS MATERIAL UNIT QUANTITY I PAVEMENT MARKINGS/MARKERS & SIGNS I UNIT I QUANTITY I I!] PAVEMENT MARKING . CROSSWALK 24 INCH -H-A-E THERMOPLASTIC• INSTALL THERMO LF 64 I PAVEMENT MARKING . RAISED PAVEMENT MARKINGS -REMOVE I LF I 10.000 I [al PAVEMENT MARKING . STOP BAR . WHITE· 18 INCH -INSTALL THERMO LF 48 ~ WALK-ADA WHEELCHAIR RAMP (TYPE G) -INSTALL ---EA 2 [QI SIGN-SMALL-GROUND MOUNT-F URNISH & INSTALL (W11-2l.JW16-7pL) -INSTALL ---EA 2 [EJ PAVEMENT. UNCLASSIF IED STREET EXCAVATION -REMOVE ·--CY 11 [El CURB & GUTTER· INSTALL ·-· LF 100 IGJ M EDIAN (8") -INSTALL ... SF 160 IHI WALK · 5 Ft-INSTALL ··-SF 163 OJ SIGN-SMALL-GROUND MOUNT-FURNI SH & INSTALL (W11-2R/W16-7pR) -IN STALL ---EA 2 111 PAVEMENT MARKING-LANE MARKERS TYPE 11-AA-4 -INSTALL ---EA 30 ~! ... EA 2 1-w w a:: > a:: ~ :::;;1--- :::)w CJ)w ~I _CJ) 1---z <: :::) 0 ~~ 0 ;H I w a.. If ~ w I !Kl SIGN-SMALL-GROUND MOU NT-FURNISH & INSTALL (OM-3L) -INSTALL NOTE: PAVEMENT MARKINGS SHALL BE THERMOPLASTIC AS MARKED. f ~ SH([ T NUMBOi ~1 '--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-3~~~ City of Fort Worth P,oject Manage,: DAVID JODRAY Project 01475 -HEMPHILL ST. PEDESTRIAN CROSSING AND PAVEMENT MARKINGS Unit/Section: 1-STREET · PAVEMENT MARKINGS AND SIGNING C200-541200-203249999983 Date City Project# Your Company Name 5/14/2010 1'475 Contractor Instructions: Fill in green cells with your CFW Vendor 10, your Company Name a nd your bid amOU'1ts . When your b id is complete, save and close, start Buzz.saw a nd Add your proposal to the folder with your Company Name within project's Bid Responses folders . 840 INCOMPLETE! This incomph,te notice will disappear upon completion of all green fields which are required before submitting the bid Bid Items Line Number CPMS Record Number 810-00124 810.00181 810-01013 810-01002 810-01013 810--010 13 810.(10,438 810-004'41 BID--01006 10 8 10-01006 11 610-0043'4 12 810-00123 13 810--00123 1• 610-00123 15 BID--00068 16 610.(11068 17 810--01008 18 810--00123 Unit of Material Description Measure Quantity ServiceCS Mobilization -Services Lumo Sum 1.00 ServiceCS Traffic Control -lnstaU Lump Sum 1.00 Other Pavement Markina-Solid Lane Line-H-A-$ Thermoelastic -Install (4 -WHITE) Linear Foot 4350 .00 Other Pavement Markina-Oouble-solid Centerline-H-A-S Thermo lastic -lnstan Linear Foot 4109 .00 Other Pavement Marking-Solid lane Line-H-A-S Thermoplastic -lnstaH (8~ WHITE) Linea r Foot 1210 .00 Other Pavement Markino-Solid lane line-H-A-S Thermoelastic -lnstan (12~ YELLOW) Linear Foot 225.00 Other Pavement Mar11:ino-Stop 8ar-White-18 Inch -lnstal l ine ar Foot 18'4 .00 Other Pavement Ma rvinn.. Tum ArrO'WS -lnstaR Each 10 .00 Other Pavement Markino-lane Leaend-P-H-A The rmo lastic -lnstaR lONL Yl Each 12 .00 Other Pavement Markinn-l ane Legend· P-H-A Thermoplastic -lnstal (BUS) Each '4 .00 Assem blv Pavement Markino-lane Ma rkers Twe U-CR-4 -lnstan Each 155.00 Other MisceUaneous Time & Materials -Services REMOVE EXISTING NO PARKING SIGNl Ea ch 10 .00 Other Misce llaneous Time & Materials -Services (REMOVE EXISTING BUS STOP SIGN PANEL Ea ch 2.00 Other Miscellaneous Time & Materials -Services {INSTALL PROPOSED BUS STOP SIGN PANEL Ea ch 2 .00 Other Erosion Contro l-Mattress -Install Lump Sum 1.00 Assem blv Sianal-Satvaoe Existino Traffic Sianal Eauioment -Remove Lumc Sum 1.00 Other Pavement Marking-Raised Pavement Markings -Remove Linear Foot 10000 .00 Other Miscelaneous Time & Materials -Services (SIGNAL -SALVAGE EXISTING SIGN -REMOVE) Each 200 Total Bid This Unit Your Unit Price Your Bid so .co S0 .00 $0.00 S0 .00 $0 .00 so .co so .co $0 .00 S0 .00 $0 .00 $0 .00 so .co S0 .00 $0 .00 $0.00 S0 .00 $0 .00 SO .CO so .co C ity of Fort Worth Prnj eci Manager. DAVID JODRAY Project 014 75 -HEMPHILL ST. PEDESTR IAN CROSSING AND PAVEMENT MAR K INGS Uni t/Secti on : II -STREET -PEDESTRIAN CROSSWALK C200 -54 1200-2 03249999983 Date City Project # Your Vendo r Number Your Company Name 5/14/2010 1•'75 Contractor Ins tructions: Fill in green cells with your CFW Vendo r 10 , your Company Name and your bid amounts. When your bid is c omplete, save and close, start Buzzsaw and Add your proposa l to the folder with your Company Name within project's B i d Responses folders. .. aNOTeu -The centerline of the pro poHd c ro sswalk island is approxima1ety 520' north of the centerline of W. Rosed.ate Sl The crosswalk is adjaCflrt to the Samaritan House. BIO INCOMPLETE! This incomptete notice wiH disappear u pon comp.tion of all green fields which a re required before submitting the bid Bid Items Uni t of Your Un it Line Number CPMS Record Number Material Descripti o n Mea sure Quantity P ri ce 810-0012<4 ServiceCS Mobilization -Services Lumo Sum 1.00 BID-00181 ServiceCS Traffic Control -lnstal lumo Sum 1.00 BID-0099 8 Other Pavement Marking-Crosswalk 24 Inch-H-A-E Thermoi:ilastic -Install linear Foot 64 .00 BID -00438 Other Pavement Markino-Stoo Bar-White,18 Inch -Install Linear Foot 48.00 810-01227 Concrete W alk-ADA Whee4chair Ramo -Install (TYPE G) Each 2 .00 BID-01029 Assembly Sian-Smal-Ground Mount-Furnish & lnstaU -tnstaR (W11 -2L.NV16 -7oU Each 2 .00 BID-00472 ServiceCS Pavement-Unclassified Street Excavation -Remove Cubic Yard 11 .00 BID-00423 Concrete Curb & Gutter -Install Linear Foot 100 .00 BID-00427 Concrete Median -lnsta~ (8") Sauare Foot 160.00 10 810-00531 Concrete Walk-5 Ft -lnstan Square Foot 163.00 11 810--01029 Assembly Si~mali-Ground Mount-Furnish & lnstaN -lnstal (W11 -2R/W16-7i:i R) Each 2 .00 12 BID-00068 Other Erosion Contr<*-Mattress -Install Lumo Sum 1.00 13 8 10 -0().433 Assembtv Pavement Marking-Lane Markers Type 11-AA-4 -Install Each 30 .00 14 8 10-0 1029 Assembly Sian-SmaH-Ground Mount·Fumish & Install -Install (OM-3 U Each 2 .00 Total B i d Th is Un it Your Bid $0.00 so .co S0 .00 $0.00 $0.00 S0 .00 SO .DO S0.00 $0.00 $0 .00 $0 .00 S0.00 SO .DO S0 .00 $0.00 TABLE OF CONTENTS 1 -Project Information 0 1.1 -Title Page MS-Word D 1.2 -Location Maps pdf 2 -Front End Documents 2.1 -Table of Contents MS-Word 0 2.2 -Notice to Bidders MS-Word D 2.3 -Comprehensive Notice MS-Word to Bidders D 2.4 -Special Instructions to pdf Bidders (water-sewer) 0 2.5 -Special Instruction to pdf Bidders (paving-drainage) D 2.6 -Detailed Project MS-Word Specifications (no drawings provided) 3 -MWBE Documentation 0 3.1 -MWBE Special pdf Instructions 0 3.2-MWBE pdf Subcontractors/Suppliers Utilization Form 0 3.3 -MWBE Prime Contractor pdf Waiver 0 3.4 -MWBE Good Faith Effort pdf 0 3.5 -MWBE Joint Venture pdf 4 -Bid Package 0 4.1 -Bid Proposal Cover & pdf Signature Sheets 0 4.2 -Bid Proposal(s) MS-Excel D 4.3 -Green Cement Policy MS-Word Compliance Statement D 4.4 -Bid Schedule pdf 0 4 .5 -Vendor Compliance to pdf State Law D 4.6 -List of Fittings pdf 0 4.7 -Pre-Qualified Contractor MS-Word List 5 -General and Special Conditions D 5.1 -Part C General pdf Conditions (water -sewer) D 5.2 -Supplementary pdf Cond itions to Part C (water - sewer) D 5.3 -Part D -Special MS-Word Conditions (water-sewer) D 5.4 -Part DA -Additional MS-Word Special Condition (water - sewer) D 5 .5 -Part E Specifications pdf 0 5 .6 -Special Provisions (paving -drainage) 0 5.7 -Wage Rates pdf 0 5 .8 -Compliance with and pdf Re v 2-2-10 TABLE OF CONTENTS Enforcement of Prevailing Wage Rates D 5.9 -Standard Details (water-dwf sewer) D 5.10 -Standard Details dwf (paving-drainage) 6 -Contracts, Bonds and Insurance [8J 6.1 -Certificate of Insurance MS-Word [8J 6.2 -Contractor Compliance pdf With Workers' Compensation Law [8J 6.3 -Conflict of Interest pdf Questionnaire [8J 6.4 -Performance Bond pdf [8J 6.5 -Payment Bond pdf [8J 6.6 -Maintenance Bond pdf [8J 6.7 -City of Fort Worth pdf Contract 7 -Permits D 7.1 -TxDOT Permit(s) pdf D 7.2 -Railroad Permit(s) pdf D 7.3 -Other Permit(s) pdf 8 -Easements D 8.1 -Easement pdf 9 -Reports D 9.1 -Geo-tech Report(s) pdf D 9.2 -Cathodic Protection pdf Study Report D 9.3 -Other Project Specific pdf Study Report(s) 10 -Addenda D 10.1 Addendum MS-Word Rev 2-2-10 NOTICE TO BIDDERS Sealed proposals for the following : Hemphill Street Pedestrian Crosswalk and Pavement Markings Improvements City Project No. TPW-2009-000084 Addressed to the CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 will be received at the Purchasing Office until 1 :30 PM, Thursday, May 13, 2010 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Contract documents, including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth 's Purchasing Division website at http ://www.fortworthgov .org/purchasing/ and clicking on the project link. This link will take you to the advertised project folders on the City's Buzzsaw site, where the plans and contract documents may be downloaded, viewed , and printed by interested contractors and/or suppliers . Hard copies of plans and contract documents are NOT available at City offices. The major work will consist of the (approximate) following : Pedestrian Crosswalk and Pavement Markings Improvements Included in the above will be all other miscellaneous items of construction as outlined in the Plans , General Contract Documents and Specifications. Bid security is required in accordance with the Special Instruction to Bidders . Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive . All addenda will be made available on-line with the contract documents. Contractors and/or suppliers are requested to register as plan holders on-line (on Buzzsaw site) in order to receive notifications regarding the issuance of addenda . It shall be the bidding contractor's sole responsibility to verify they have received and considered all addenda , prior to submitting a bid . The MWBE Construction Goal for this project is 14 percent. For additional information , please contact Scott R. Arnold , P .E ., Engineer, Kimley-Horn and Associates, Inc. at Telephone Number: 817-335-6511 or by email : scott.arno ld@kimley- horn .com , and/or David Jodray, Project Manager, TPW Department at 817-392-8702 or by email : david .jodray@fortworthgov.org . A pre-bid conference will be held on Monday, May 3, 2010 at 10:00 a .m., in the City Hall Room 289. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference . Advertising Dates : April 15, 2010 April 22, 2010 R ev 3-13-09_ TP W NB-1 SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) l. 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 percent (5%) of the total of the bid submitt ed must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten ( I 0) 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 (I) hold a certificate of authority from the United 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 $100,000 from a rein surer that is authorized and admitted as a rein surer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proofrequired herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successfu l bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded . The form of the bond sha ll be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder sha ll meet the requirements of Chapter 2253 , Texas Government Code. In order for a surety to be acceptable to the City, the surety must (I) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$ I 00,000 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 United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance s hall be provided to the City upon request. The City, in its sole discretion , will determine the adequacy of the proofrequired herein . The C ity 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. If the contract amount is in excess of $25,000, a Payment Bond sha ll 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 accord ance with the plans, specifications, and contract documents. Said bond shall sole ly be for the protection of the City of Fort Worth . All contracts shall require a maintenance bond in the amount of one hundred percent (I 00%) of the orig in a l 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. Rev 3-13-09 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part I , Item 8, paragraph 8.6, of the "General Provisions" of the Standard Specifications for Street and Storm Drain 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 proposa l, 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 amen ded by City Ordinance No . 7400 (Fort Worth City Code Section 13-A-21 through I 3-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 sta ting 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 delet ed. 7 . FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Transportation and Public Works ifrequired for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, ifrequired, is to be prepared by an independent Public Accountant holding a valid permit is sued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten ( I 0) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bond s, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury-$500 ,0 00 each person , $1,000,000 each occurrence ($2 ,000,000 aggregate limit); Property Damage -$250,000 each occurrence). The City re serves the ri ght to request any other insurance coverages as may be required by each individual project. Rev 3-13-09 9 . ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b . Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the in surance 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 AM . 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. 1. City shall not be responsible for the direct payment of insurance premium costs for contractor's msurance. j. Contractor's insurance policies shall each be endorsed to provide that sqch insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss r ecovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially des ignated 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 s pecified amounts of insurance r equired herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. IO. 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 respon sible Texas resident bidder by the same amount that a Texas resident bidder would be r equ ired to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is loc a ted . Rev 3-13-09 "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 busin ess 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 resid ent 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. 15530, 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-respon sive . 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 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 mi srepresentation) 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 le ss that three (3) years . 12 . AWARD OF CONTRACT: Contract will be awarded to the lowest res pon sive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities . No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZA TJON 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 thi s documentation is received, but in no case will the award be made until all the respon sibility of the bidder to whom it is proposed to award the contract has been verified. 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. Rev 3-13-09 14 . ADDENDA: Bidders are res ponsible 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 on-line on City's Buzzsaw site or by contacting the City Project Manager. Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Rev 3 -13-09 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. e . The contractor shall obtain from each person providing services on a project, and provide to th e governmental entity: (I) 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 p erson s providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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 (I 0) 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 s ite 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 : (I) 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: (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 r equired certificates of coverage on file for the duration of the project and for one year thereaft er. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten ( I 0) days after the person knew or should have known, of any change that materially affects the provi s ion of coverage of any person providing services on the project ; and (7) contractually r eq uire each person with whom it contracts, to perform as required by paragraphs (I) -(7), with the certificates of coverage to be provided to the person for whom th ey are providing services . Rev 3-13-09 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: "REQU1RED 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". Contact the Texas Workers ' Compensation Commission 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 warrant s it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegation s asserted by third parties against City ari sing out of Rev 3-13-09 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 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 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: 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. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the p<}rties shall attempt to resolve the differences within 30 calendar days. Rev 3-13-09 FORT WORTH -.•. ,--City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25 ,000 , the M/WBE oal is not a licable . POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid . M/WBE PROJECT GOALS The City 's M/WBE goal on this proj ect is 14% of the tota l bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25 ,000 or more , bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following : 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must' be received by the Managing Department , within the following times allocated , in order for the entire bid to be considered responsive to the specifications . The Offeror shall deliver the MWBE documentation in person to the appropriate employee of the managing department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed copy will not be accepted . 1. Subcontractor Utilization Fonn, if goal is received by 5:00 p.m ., five (5) City business days after the bid met or exceeded : opening date , exclusive of the bid openinQ date. 2 . Good Faith Effort and Subcontractor received by 5 :00 p.m ., five (5) City business days after the bid Utilization Form , if participation is less than opening date , exclusive of the bid opening date . stated goal : 3. Good Faith Effort and Subcontractor received by 5:00 p.m ., five (5) City business days after the bid Utilization Form , if no M/WBE participation : opening date , exclusive of the bid opening date. 4. Prime Contractor Waiver Form , if you will received by 5 :00 p.m ., five (5) City business days after the bid perform all subcontracting/supplier work : opening date, exclusive of the bid opening date . 5. Joint Venture Form , if utilize a joint venture rece ived by 5 :00 p.m ., five (5) City business days after the bid to met or exceed goal. opening date , exclusive of the bid opening date . FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions , please contact the M/WBE Office at (817) 392-6104. Rev . 11 /1 /05 ... . City of Fort Worth Subcontractors/Suppliers Utilization Form ATIACHMENT 1A Page 1 of 4 PRIME COMPANY NAME: Check applicable block to describe prime NORTHSTAR CONSTRUCTION , INC . I M/W/DBE I XI PROJECT NAME : NON -M/W/DBE HEMPHILL STREET PEDESTRIAN CROSSWALK MAY 20 , 28mDATE AND PAVEMENT MARKING IMPROVEMENTS City's M/WBE Project Goal : I Prime's M/WBE Project Utilization : PROJECT NUMBER 14 % 4 .9 % TPW-2009-000084 Identify fil! subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening , exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule , conditioned upon execution of a contract with the City of Fort Worth . The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications 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 151 tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or doing business at the time of bid opening within the Marketplace , that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized , the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm , including M/WBE owner-operators , and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs , including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease aqreement. Rev. 5/30/03 I ... • ~ FORT WORTH --...,.--- ATIACHMENT 1A Page 2 of 4 Pr imes are required to identify ALL subcontractors/suppliers , regardless of status ; i.e., Minority , Women and non-M/WBEs . Please list M/WBE firms first , use additional sheets if necessary . Certification N (check one ) 0 SUBCONTRACTOR/SUPPLIER n T Detail Detail Company Name i N T C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w Telephone/Fax B B T D w r R 0 B E E C T E A Striping Plus 1 X Pavement 2469 Doreen St. Markings $18 ,956.50 Grand Prairie , TX 75050 469-733-1194 / 469-733-1198 Destiny Trucking 1 X Trucking P O Box 330053 Haul $ 360 .00 Fort Worth , TX 76163 817-361-8008 Cowtown Redi-Mix 1 X Concrete $ 900.00 P O Box 162327 Fort worth , TX 76161 817-759-1919 / 817-759-1716 Roadrunner Traffic Supply 1 X Signage $ 1,611.50 3200 Marquita Fort Worth , TX 76116 817-244-0305 / 817-244-4819 Allen Construction Supply , Inc . 1 X Reinforced Steel $ 500 .00 2827 N. Nichols Street and Concrete Fort Worth , TX 76106 Accessories 817-624-7095 / 817-624-9242 Rev. 5/30/03 ill FORT WORTH --..,-.-- ATIACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers , regardless of status ; i.e ., Minority , Women and non-M/WBEs . Please list M/WBE firms first , use additional sheets if necessary. Certification N (check one) 0 SUBCONTRACTOruSUPPLIER T n Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A Rev . 5/30/03 ..... FORT WORTH ~ Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 3 ,371 .50 $ 18,956 .50 $ 21 ,916 .50 ATTACHMENT 1A Page 4 of 4 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance . The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the fina,1 compliance determination . By affixing a signature to this form, the Offeror further agrees to provide , directly to the City upon request , complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid . The Offeror also agrees to allow an audit and/or examination of any books , records and files held by their company . The bidder agrees to allow the transmission of interviews with owners, principals , officers , employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or Local laws concerning false statements . Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one ( 1) year. MICHAEL A . HEIMLICH Authorized Signature Printed Signature VICE PRESIDENT Title Contact Name/Title (if different) NORTHSTAR CONSTRUCTION , INC . 817-244-8885 I 817-244-8886 Company Name Telephone and/or Fax 3210 JOYCE DRIVE mikeh@northstar93.com Address E-mail Address FORT WORTH , TEXAS 76116 May 27 , 2010 City/State/Zip Date Rev . 5/30/03 FORT WORTH . ---.,--. City of Fort Worth Prime Contractor Waiver Form ATTACHMENT 18 Page 1 of 1 PRIME COMPANY NAME : Check applicable block to describe prime PROJECT NAME : I M/W/DBE I I NO N-M/W/D BE BID DATE City's M/WBE Project Goal : PROJECT NUMBER 14% If both answers to this form are YES , do not complete ATIACHMENT 1C(Good Faith Effort Form). All questions on th is form must be completed and a detailed explanation provided , if applicable . If the answer to eithe r quest ion is NO , then you must complete ATIACHMENT 1C . This form is only applicable if b.oth answe rs are yes . Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.1 five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes , please prov ide a detailed explanat ion that proves based on the size and scope of this NO project , this is your normal business practice and provide an operational profile of your business . Will you perform this entire contract without suppliers? YES If yes , please provide a detailed explanat ion that proves based on the size and scope of this project , this is your normal business practice and provide an inventory profi le of your bus iness . NO The bidder further agrees to provide , directly to the City upon request , complete and accurate informat ion regarding actual work performed by all subcontractors , includ ing M/WBE(s) on this contract , the payment therefore and any proposed changes to the or iginal M/WBE(s) arrangements submitted with th is bid. The bidder also agrees to allow an audit and/or exam inat ion of any books , records and files held by their company that w ill substantiate the actual work performed by the M/WBEs 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) yea rs and for initiating action under Federal , State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offerer and barred from partic ipating in City work for a period of time not less than one (1) year. Au th orized Si gnature Printed Si gn at ure T itle Contact Nam e (i f differ ent) Company Name Phone Number Fa x Number Address Email Add res s Ci ty/State/Zi p Date Rev . 5/30/03 FORT WORTH "'-, . ,--• PRIME COMPANY NAME : City of Fort Worth Good Faith Effort Form ATTACHMENT 1C Page 1 of 3 Check appl icable block to describe NORTHSTAR CONSTRUCTION, INC. orime I M/W/DB E I XI PROJECT NAME : NON-M /W/DBE HEivfPHILL STREET PEDESTRIAN CROSSWALK & PAVEMENT MARKING BID DATE MAY 20 2010 I1'vfPROVEMENTS ' City's M/WBE Project Goal : I PROJECT NUMBER 14 % TPW -2009 -000084 If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item , 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening , exclusive of bid opening date, will result in the bid being considered non-responsive to b i d specifications. 1.) Please list each and every subcontracting and/or suppl i er opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2nd tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Pavement Markings Ready Mix Concrete Trucking , Haul-off Reinforced Steel & Concrete Accessories Signage Rev. 05/30/03 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. __ Yes _.f_No Date of Listing __ / ___ / 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed , at least ten calendar days prior to bid opening by mail , exclusive of the day the bids are opened? __ Yes (If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed .) _.f_No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? __ Yes (If yes, attach l ist to include~ of M/WBE firm, person contacted, phone number and date and time of contact.) _.f_No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used , attach the fax confirmation , which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the l ist of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of olans and specifications in order to assist the M/WBEs? _./_Yes __ No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes , the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessarv, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev. 05/30/03 . . ADDITIONAL INFORMATION: ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. There are only 5 opportunities on th is project for utilizing subcontractors and suppliers. Of these 5 opportunities, Northstar is utilizing M/WBE firms on 4 of the opportunities . Out of the 4 pavement marking subcontractors we invited to bid, 2 of them were M/WBE subcontractors . The only subcontractor that actually bid the project was a non M/WBE firm . Since this is such a small project , there aren't many opportunities to utilize many subcontractors and suppliers . The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed 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 creates 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. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the Ci1y's Jlt!W!3E Offi;e. ;J j tfl~a,,,J(~ MICHAELA. HEIMLICH Authorized Signature VICE PRESIDENT Title NORTHSTAR CONSTRUCTION, INC. Company Name 3210 JOYCE DRIVE Address FORT WORTH, TX 76116 City/State/Zip Printed Signature Contact Name and Title (if different) 817-244-8885 817-244-8886 Phone Number Fax Number mikeh@northstar93.com Email Address May 27, 2010 Date Rev. 05/30/03 FORT WORTH ---. -CITY OF FORT WORTH Joint Venture Eligibility Form A ll questions mu st be answered; use "NA" if applicable. Joint Venture Page 1 of 3 Name of City project:----------------------------------A joi nt ventu re for m mu st be co mplete d on eac h proj ect R F P/Bid/Purc has in g Number: ____________ _ I. Joint venture information: Joint V e nture N a m e : Joint V e nture Address: (If applicab l e) Telephone : Fac sim ile : E-m ail address : Ce llul ar: Id e ntify the firm s that c ompri se the joint venture: Please att ach extra sheets if additional spa ce is requ ired to pro vide deta iled explanations of work to be performed by ea ch fi rm comprising the ioin t venture M/WB E firm I Non-M/WB E I name : firm name : Bu siness Address : Bu sin ess Add ress : City , State, Zip City. Sta te. Zip Telepho ne Facs imi le E-mail Telephone Facs im ile Cellul ar Ce llul ar Certific ati on Statu s : E-mail address Name of Certify ing Agenc y: ' 2 S f k cope o wor per orme db hJ' V ,y t e omt enture: Describe the scope of work of the M/WBE: Describe the scope of work of the non -M/WBE: Rev . 5/30 /03 Joint Venture Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this informa tion is describ ed in j oin t venture agreem ent) Profit and loss sharin g: Cap it a l contributions, includin g equipm ent: Other a ppli cab le ownership interes ts : 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial de cis ions (to includ e Account Payable a nd Rece iv able): Management decisions : a . Est im atin g ---------------------------------------------- b. Ma rk eti ng and Sa les ---------------------------------------------- C. Hiring and Firing of mana ge ment personne l ---------------------------------------------- d. Purchas in g of maj or eq uipm ent and/or suppli es Sup erv is ion of field operat ion s The City 's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form . NOTE: From and after the da te of project award , if any of the participants , the individually defined scopes of work or the dollar amounts/percentages change from the orig inally approved information , then the partic ipants must inform the City 's M/WBE Office immediately for approval. Any unjust ified change or de letion shall be a mater ial breach of contract and may result in debarment in accord wit h the procedures outlined in the City 's M/WBE Ordinance. Rev. 5/30/03 Joint Venture age o 3 P 3 f AFFIDAVIT The undersigned affirms that the forego in g statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture . Furthermore , the undersigned shall agree to provide to the joint venture the stated scope of work , decision-making responsibilities and payments herein. The City also reserves the ri g ht to request any additional information deem e d necess ary to determine if the joint venture is e li gib le. Failure to cooperate and/or provide requested informati on within the time s pecified is grounds for termination of the eligibility proces s . The undersigned agree to permit aud it s, interviews with owners a nd ex amination of the books , records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply wit h this provision shal l result in the termination of any contract, wh ich may be awarded under the provisions of this j oint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false _ statements or wi 11 fut misrepresentation of facts . __________________ ---------------------------------------------------------------------------------------------------- Name of M/W B E finn Name of non-M/WB E finn Print ed Name o f Owner Printed Nam e of Own er Signature of Owner Signature of Ow ner Pr inted Name of Ow ner Pr int ed Na me of Owner Signature of Owne r Si gnature of Ow ner Titl e Titl e Date Date Notarization State of ___________________ County of _______________ _ On this _____________ day of _______ , 20 __ , before me appeared _____________________ and ____________________ _ to me personally known and who , being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to e xecute this affidavit and did so as their fr ee act and deed. Notary Public _______________________ _ Pr int Na me Notary Public ----------------------- Signat ur e Commission Expires ------------------------(sea l) Rev . 5/30/03 City of Fort Worth P roject Manager: DAVIDJODRAY Project 01475 -HEMPHILL ST. PEDESTRIAN CROSSING AND PAVEMENT MARKINGS Unit/Section: JI. STREET. PEDESTRIAN CROSSWALK C200-541200 -203249999983 Date City Project # Your Vendor Numbe r Your Company Name 5/14/2010 1475 Northstar Construction , Inc. Contractor Instructions : Fill in green ce ll s with your CFW Vendor ID , your Com pa ny Na me and your bid amounts. When your bid is complete, save and close, start Buzzsaw and Add your p r oposal to the fol der with your Com pan y Nam e within pro ject's B id Respon ses f o lders. """NOTE..-• The cente rline of the pro posed c rosswalk is land Is approximately 520' north of the centerline ~f W. R~se~a !!_St. The ~r9u~al k ls adjacent tot.he Samaritan House. BIO INCOMPLETE! This incomplete notice will disappear upon completion of all green fi elds which are required be fore submitting t ho bid Bid Items Unit of Your Unit Line Number CPMS Record Number Material Description Measure Quantity Price 1 BID-00124 ServiceCS Mobilization -Services Lumo Sum t.00 $5 ,000.00 2 B1D-00t8t ServlceCS Traffic Control -Install Luma Sum 1.00 3 BID-00998 Other P avement Markino-Crosswalk 24 Inch-H-A-E Thermoelastic -Install Linear Foot 64 .00 $8.50 4 BID-00438 Other Pavement Markinn-Stoo Bar-White-18 Inch -Install Linear Foot 48 .00 $6 .50 5 BID-0 1227 Concrete Walk-ADA Wheelchair Ramo -Install CTYP E G) Each 2.00 $900.00 6 BID-01029 Assemblv Si n-SmaM-Ground Mount-Furnish & lnstaM-lnstan lW1 1-2l.JW16-7oU Each 2.00 $600.00 7 BID-00472 ServiceCS Pavement-Unclassified Street E xcavation -Remove Cubic Yard 11 .00 $200.00 8 BID-00423 Concrete Curb & Gutter -Install Linear Foot 100.00 $24,00 9 BJD-00427 Concrete Median -Install 6" Souare Foot 160.00 $15.00 t o BI D-0053 1 Concrete Walk-5 Ft -lnstan Square Foot 163 .00 $8.00 11 BID-01029 Assembl Si n-SmaM -Ground Mount-Furnish & lnstan -Install lW11 -2R/VV 16-7oR l Each 2.00 $600.00 12 BID-00068 Other Erosion Control-Mattress -lnstaH Luma Sum t.00 $100.00 13 BID-00433 Assembl Pavem ent Markina-Lane Markers Tvoe 11-AA-4 - Install E ach 30 .00 $5 .50 14 BID-01029 Assembly Sh:1n-Small-G round Mount-Furnish & lnstaU -Install tOM-3U Each 2.00 $600.00 Total Bid This Unit Your Bid $5 ,000.00 ~ooo'.>O $544 .00 $3 12.00 $1 800.00 $1 ,200.00 S2 200.00 $2 400.00 $2 ,400.00 $1 304.00 St 200.00 $100.00 $165 .00 $1 ,200 .00 City of Fort Worth Project Manage,: DAVID JODRAY Project 01475 -HEMPHILL ST. PEDESTRIAN CROSSING AND PAVEMENT MARKINGS UniUSection : I -STREET -PAVEMENT MARKINGS AND SIGNING C200-541200-203249999983 Date City Project# Your Vendor Number Your Company Name 511 4/2010 14 75 Northstar C onstruction , Inc . Contractor Instructions: Fill in green cells with your CFW Vendor 10, your Company Name and your bid amounts. When your bid is complete, save and close, start Buzzsaw and Add your proposal to the folder with your Company Name within project's B id Responses folders. BIO INCOMPLETE! This incomplete notice will disa ppear upon completion of all green fields which are required before submitting the bid Bid Items Unit of Your Unit Line Number CPMS Record Number Material Description Meas ure Qu an tit y Price BI0-00124 ServiceCS Mobilization -Services Lumo Sum 1.00 $5,000.00 610-0018 1 ServiceCS Traffic Control -Install Lum p Sum 1.00 $2 ,000 .00 BID-0 1013 Other Pavement Markina-Solid Lane Line-H-A-S Thermoplastic -Install (4 ~WHITE) Linear Foot 4350 .00 $1.40 4 610-01002 Other Pavement Markina-Double-soHd Centerline-H-A-S Thermoolastic -Install Linear Foot 4109 .00 $2.00 5 610-0 101 3 Other Pavement Mark ina-Solid Lane Line-H-A-S Thermoplastic -Install (8" W HITE) Linear Foot 1210.00 $2.80 6 61D-01013 Other Pavement Markina-Solid Lane Line-H-A-S Thermoolaslk: -lnstaH (12" YELLOW\ Linear Foot 225.00 S4.20 7 610-00438 Other Pavement MarkinQ-Stop Bar-White-18 Inch -Install Linear Foot 184 .00 $6 .50 8 BID-00441 Other Pavement Markino-Turn Arrows -Install Each 10.00 $220.00 9 6 10-01006 Othe, Pavement Markina-Lane Leaend-P-H-A Thermoolastk: -lns!all (ONLYl Each 12 .00 $220.00 10 610-01006 Other Pavement Markinn-Lane Lenend-P -H-A Thermoplastic -Install (BU S) Each 4.00 $220.00 11 BID-00434 Assemblv Pavement Markina-Lane Markers Tvoe U-C R-4 -Install E ach 155 .00 $5.60 12 6 10-00123 Other Misc ellaneous Time & Materials -Services (RE MOVE EXISTING NO PA RKING SIG N l Each 10.00 $100 .00 13 610-00 123 Other Miscellaneous Time & Materials -Services (REMOVE EXISTING BUS STOP SIGN PANEL Each 2.00 $100.00 14 BID-00123 Othe, Miscenaneous Time & Materials-Servic es (INSTALL PROPOSED BUS STOP SIGN PANEL Each 2 .00 $600.00 15 BtD-00068 Other Erosion Control-Mattress -In stall Lumn Sum 1.00 $100.00 16 BID-01068 Assemblv Sianal-Salvaae Existina Traffic Siona! Eouipment -Remove Lump Sum 1.00 $5 000.00 17 610-01008 Other Pavement Markino-Raised Pavement Markinos -Remove Linear Foot 10000.00 $0.50 ts 610-00123 Other Miscellaneous Time & Materials -Services SIGNAL -SALVAGE E XISTING SIGN - R E MOVE Each 2.00 $100.00 Total Bid This Unit & - Your Bid $5,000.00 $2 000.00 $6 ,090.00 $8 218 .00 $3 ,388 .00 $945 .00 $1 196 .00 $2,200 .00 $2 640.00 $880.00 $868 .00 $1 ,000 .00 $200.00 $1 200.00 $100.00 $5 ,000 .00 $5 ,000 .00 $200 .00 $46 ,125 .00 .... ADDENDUM NCMBER ONE TO THE SPECIF[CATIONS AND CONTRACT DOCUMENTS FOR HEMPHILL STREET BETWEEN \VEST OLEAi"iDER STREET AND WEST VICKERY BOULEVARD City Project Number 01475 BID OPEN THURSDAY, MAY 20, 2010 Tilis Addendum fonns part of the General Contract Document and Specifications for the above referenced project and modifies the original General Contract Document and Specifications. Bidders shall acknowledge receipt of this addendum in the spaces provided below, in the proposa l and acknowledge receipt on the ou tside of the env elope of the bid . Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The plans and specifications documents are hereby revi sed by this addendum as follows: I. ADDED : Revised 01475 _ I -Pavement Markings and Signing Bid Form Addendum l . 2. l illDED: Revised OI475_H -Pedestrian Crosswalk Bid Forni Addendum I . 3. ADDED : Revised Plan Index of Drawings Sheet No. 3 Addendum 1 . A signed copy of this Addendum No . l shall be included in the sealed bid envelope at the time of bid submittal. Failure to acknowledge the receipt of this addendum could cause the subject bidder to be considered ''NONRESPONSIVE", resulting in disqualific;tioA' /1 Ry: _:/fL~. a_/f!~_ Company: NORTHSTAR CONSTRUCTION, INC. Address: .3d .\ Q __ :JO'\\ c_~. D~P-.._.___.. .. ·-- City: toR .L t.;)oRTH _State:Te:_ X.f:\~~-- Telephone: L~ \ r.J) cl l\ l\-~ <g ~ ~- Date : CT\£\~.--a.o ,?Jr) l . D_ Approved : 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 Department of Engineering No . 6469 and City of Fort Worth Project No . TPW-2009-000084 STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR NDfet1\<:5rOC (Q\\ST(2..UCJ1 DN, \ rJL. By J!}UJ_ () ~P/dd Name: MICHAELA. HEIMLICH Title : VICE PRESIDENT ----------- Date: 5 -ZO -ZO[cJ Before me , the undersigned authority , on this day personally appeared /Y)\CJ\AELA . \.\E\ITTUC,\:\, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Nofl.'Tl!StAA-Cerv srj2..l.µ....,:V::W t ,J:"1c... for the purposes and consideration therein expressed and in the capacity therein stated . TRISH CASSAD/\ NOTARY PUBUO STATE OF TEXAS MM. 1 Notary Public in and for the State of Texas VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that , in order to be awarded a contract as low b idder, nonresident 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 underb id a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be fi ll ed out by all out-of-state or nonresident bidders in order for your bid to meet srecificati0ns. The failure of out-of-state or nonresident contractors to do so w ill automatically disqual ify that bidder. Res ident bidders must check the box in Section B. A . Nonresident 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 . Nonresident vendors in (give State), our principal place of business , are not required to underbid resident bidders . B. Our principal place of business or corporate offices are in the State of Texas. !Kl BIDDER: NORTHSTAR CONSTRUCTION, INC. MICHAEL A. HEIMLICH By: Company (Please print) 3210 JOYCE DR. tttlJaA~ Signature : Address FT. WORTH, TX 76116 Title : VICE PRESIDENT City/State/Zip (Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 1. SCOPE OF WORK ................................................................................................... SP-4 2. AWARD OF CONTRACT .......................................................................................... SP-4 3 . PRE CONSTRUCTION CONFERENCE .................................................................... SP-4 4 . EXAMINATION OF SITE .......................................................................................... SP-4 5 . BID SUBMITTAL ....................................................................................................... SP-4 6 . WATER FOR CONSTRUCTION ............................................................................... SP-5 7 . SANITARY FACILITIES FOR WORKERS ................................................................ SP-5 8 . PAYMENT ................................................................................................................. SP-5 9 . SUBSIDIARY WORK ................................................................................................ SP-5 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ....................................................................................................... SP-5 11 . WAGE RA TES .......................................................................................................... SP-5 12 . EXISTING UTILITIES ................................................................................................ SP-6 13. PARKWAY CONSTRUCTION .................................................................................. SP-7 14 . MATERIAL STORAGE .............................................................................................. SP-7 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS ............................................................................................. SP-7 16. INCREASE OR DECREASE IN QUANTITIES .......................................................... SP-7 17 . CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS .................................. SP-7 18. EQUAL EMPLOYMENT PROVISIONS ..................................................................... SP-8 19. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) COMPLIANCE ........................................................................................... SP-8 20. FINAL CLEAN UP ................................................................................................... SP-10 21 . CONTRACTOR 'S COMPLIANCE WITH WORKER'S COMPENSATION LAW .......................................................................................... SP-10 22 . SUBSTITUTIONS .................................................................................................... SP-13 23. MECHANICS AND MATERIALSMEN 'S LIEN ........................................................... SP-13 24 . WORK ORDER DELAY .......................................................................................... SP-13 25 . CALENDAR DAYS .................................................................................................. SP-13 26 . RIGHT TO ABANDON ............................................................................................ SP-13 27. CONSTRUCTION SPECIFICATIONS ..................................................................... SP-13 28. MAINTENANCE STATEMENT ................................................................................ SP-14 29 . DELAYS ....................................................................................................... SP-14 30. DETOURS AND BARRICADES .............................................................................. SP-14 31 . DISPOSAL OF SPOIUFILL MATERIAL .................................................................. SP-14 32 . QUALITY CONTROL TESTING .............................................................................. SP-15 33 . PROPERTY ACCESS ............................................................................................. SP-15 34. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES ...................... SP-16 35. WATER DEPARTMENT PRE-QUALIFICATIONS ................................................... SP-16 36 . RIGHT TO AUDIT ................................................................................................... SP-16 37 . CONSTRUCTION STAKES .................................................. SP-17 38 . LOCATION OF NEW WALKS AND DRIVEWAYS ................................................. SP-17 39 . EARLY WARNING SYSTEM FOR CONSTRUCTION .............................................. SP-17 40 . AIR POLLUTION WATCH DAYS ............................................................................. SP-18 Rev 2-19-10 SP-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 41. PAY ITEM -PAVEMENT-UNCLASSIFIED STREET EXCAVATION-REMOVE ... SP-19 42 . PAY ITEM -PAVEMENT-NON GREEN CEMENT-INSTALL ............................... SP-19 43. PAY ITEM -CURB -7 INCH -INSTALL ................................................................. SP-20 44. PAY ITEM -RETAINING WALL-INSTALL.. ........................................................... SP-20 45. PAY ITEM -CURB -CURB AND GUTTER AS DIRECTED BY INSPECTOR - REPLACE ................................................................................................. SP-20 46. PAY ITEM -PAVEMENT-TRANSITION-MIN 6 INCH HMAC ............................... SP-20 47. PAY ITEM -PIPE -6 INCH SUBDRAIN W/ GRAVEL AND FILTER FABRIC - INSTALL ................................................................................................. SP-20 48. PAY ITEM -SAFETY SYSTEM> 5 FOOT DEPTH -INSTALL. ............................... SP-21 49. PAY ITEM -PAY ITEMS-SUBGRADE-8 INCH LIME STABILIZED-INSTALL and SUBGRADE -LIME FOR STABILIZATION -INSTALL .......................................... SP-21 50. PAY ITEM -PAVEMENT-6 INCH HMAC -INSTALL ............................................ SP-21 51 . PAY ITEMS-WALK-INSTALL, CURB & GUTTER -INSTALL , WALK-ADA WHEELCHAIR RAMP-INSTALL, AND DRIVEWAY-INSTALL. ........................... SP-22 52 . PAY ITEMS -WALK -REMOVE , CURB & GUTTER -REMOVE , WALK -ADA WHEELCHAIR RAMP -REMOVE , AND DRIVEWAY -REMOVE ........................... SP-23 53. PAY ITEMS-WALK-STEPS -REMOVE and WALK-STEPS -INSTALL ......... SP-23 54. PAY ITEMS-FENCE -REMOVE and FENCE -INSTALL.. ........................ : .......... SP-23 55 . PAY ITEM -CURB & GUTTER -7 INCH W/ 18" GUTTER -INSTALL ................... SP-24 56 . PAY ITEMS-MAILBOX -REMOVE and MAILBOX-INSTALL ............................. SP-24 57 . PAY ITEM-FILL MATERIAL-BORROW-INSTALL ............................................. SP-24 58 . PAY ITEM -PAVEMENT -VALLEY GUTTER -INSTALL .. ." ................................... SP-25 59 . PAY ITEM-UNCLASSIFIED TRENCH EXCAVATION AND BACKFILL-INSTALLSP-25 60 . PAY ITEM -STORM WATER POLLUTION PREVENTION > Than 1 AC SWPPP - INSTALL ................................................................................................. SP-25 61 . PAY ITEM -TRAFFIC CONTROL-INSTALL ........................................................ SP-28 62. PRE BID ITEM-SIGN-PROJECT DESIGNATION -INSTALL ............................. SP-28 63. PRE BID ITEM -UTILITY ADJUSTMENT-REPAIR ............................................... SP-29 64 . PRE BID ITEM -TOP SOIL -INSTALL ................................................................... SP-29 65 . PRE BID ITEM -VALVE BOX -ADJUSTMENT -SERVICES ................................. SP-29 66 . PRE BID ITEM -MANHOLE -ADJUSTMENT -SERVICES ................................... SP-29 67 . PRE BID ITEM -METER BOX -ADJUSTMENT -SERVICES ................................ SP-30 68. PAY ITEM-PAVEMENT-SILICONE JOINT SEALANT-INSTALL. ...................... SP-30 69 . NON-PAY ITEM -ACCEPTANCE OF REINFORCED CONCRETE PAVEMENT ..... SP-34 70 . NON-PAY ITEM -CLEARING AND GRUBBING ...................................................... SP-38 71 . NON-PAY ITEM -SPRINKLING FOR DUST CONTROL ......................................... SP-38 72 . NON-PAY ITEM -PROTECTION OF TREES , PLANTS AND SOIL ......................... SP-38 73 . NON-PAY ITEM -CONCRETE COLORED SURFACE ............................................ SP-38 74 . NON-PAY ITEM -PROJECT CLEAN-UP ................................................................. SP-38 75 . NON-PAY ITEM -PROJECT SCHEDULE ............................................................... SP-39 Rev 2-19-10 SP -2 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents 76 . SCHEDULE TIERS SPECIAL INSTRUCTIONS ....................................................... SP-41 77 . NON-PAY ITEM -NOTIFICATION OF RESIDENTS ................................................ SP-42 78 . NON-PAY ITEM -PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION .................................................................................................... SP-42 79 . NON-PAY ITEM -PRE -CONSTRUCTION NEIGHBORHOOD MEETING ............... SP-42 80. NON-PAY ITEM -WASHED ROCK ......................................................................... SP-43 81 . NON-PAY ITEM-SAWCUT OF EXISTING CONCRETE ........................................ SP-43 82 . NON PAY ITEM-LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES ................................................................................................. SP-43 83. NON PAY ITEM -TIE IN INTO STORM DRAIN STRUCTURE ............................... SP-43 84 . NON PAY ITEM -SPRINKLER HEAD ADJUSTMENT ............................................ SP-44 85 . NON PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS ...... SP-44 86. NON PAY ITEM-TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ................................ SP-44 NOTE -CONSULTANT AND CITY PM, MAKE SURE TOC IS UPDATED TO HAVE ANY ADDED OR DELETED SECTIONS AND THAT THE PAGE NUMBERS MATCH. Rev 2-19-10 SP -3 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: <INSERT PROJECT NAME> CITY PROJECT NO .: 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following : <PROVIDE A DETAILED .DESCRIPTION OF THE WORK> and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Submission of Bids : Unit I and Unit II constitute a package. If the Contractor submits a bid on both Unit I and Unit II and has the lowest responsive proposal price, the Contractor will be the apparent successful bidder for this project. Note -above paragraph can be deleted, if only one unit is being bid. Bidders are hereby informed that the Director of the Transportation and Public Works Department reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City . 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Design Consultant , and City shall meet at the call of the City for a preconstruction conference before any work begins on this project. At this time, details of sequencing of the work , contact individuals for each party , request for survey , and pay requests will be covered . Prior to the meeting , the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others . A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction . 4 . EXAMINATION OF SITE : 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 shou ld be given to methods of providing ingress and egress to adjacent private and 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 ~hat may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. 5. BID SUBMITTAL: Bidders shall submit a complete package , including ALL completed forms that must be submitted with the Proposal (including Vendor Compliance to State Law and <LIST ANY OTHER ITEMS THAT MUST BE SUBMITTED AT BID TIME>. Failure to provide a complete bid package may be grounds for designating bids as "non- respons ive " and rejecting bids as appropriate and as determined by the Director of the Transportation and Public Works Department. Rev 2-19-10 SP-4 6. WATER FOR CONSTRUCTION : Water for construction will be furnished by the Contractor at his own expense . 7. 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. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the ENGINEER per actual field measurement. 9. SUBSIDIARY WORK : Any and all work specifically governed by documentary requirement for the projects , such as conditions imposed by the Plans , the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work , the cost of which shall be, included in the price bid in the Proposal for each bid item , including but not limited to surface restoration cleanup and relocation of mailboxes . All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 "Clearing and Grubbing " and shall be subsidiary to the other items of the contract. 10 . 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 ". 11 . WAGE RATES : Compliance with and Enforcement of Prevailing Wage Laws 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 . 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 . Complaints of Violations and City Determination of Good Cause . On receipt of information , includ ing a complaint by a worker, concern ing an alleged violation of 2258 .023 , Texas Government Code , by a contractor or subcontractor, the City shall make an initial determination , before the 31st 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 Rev 2-19-10 SP-5 • 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 determ ination of the violation . 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 11th 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 . 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. Pay Estimates . With each partial payment estimate or payroll period , whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code . 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 . 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 . (Wage rates are attached at the end of this section .) 12. EXISTING UTILITIES : The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered . Rev 2-19-10 SP-6 Any damage to util ities and any losses to the utility or City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense . 13 . PARKWAY CONSTRUCTION : Dur ing the construction of this project , it will be required that all parkways be excavated and shaped at the same t ime the roadway is excavated . Excess excavation will be disposed of at locations approved by the Director of the Transportation and Public Works Department NOTE -CONSULTANT/CITY PM -VERIFY IF THIS IS AN APPROPRIATE STATEMENT FOR THIS PROJECT. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission in writing from the property owner and storage of material on the private property complies with current City zoning requirements for the use of property for storage purposes . 15 . PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS : The Contractor shall take adequate measures to protect all existing structures , improvements and utilities , which may be encountered . The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Design Consultant to be accurate as to extent , location and depth , they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground . 16 . INCREASE OR DECREASE IN QUANTITIES : The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitt ing a bid . No additional compensation shall be paid to Contractor for errors in the quantities . Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered , increased or decreased at the unit prices as established in the contract documents . No allowance will be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any cond itions or provisions of the Contract Documents . Variations in quant ities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories . 17 . CONTRACTOR 'S RESPONSIBILITY FOR DAMAGE CLAIMS : Contractor Covenants and agrees to indemnify City 's Design 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 inv itees , 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 Rev 2-19-10 SP -7 covenants and agrees to indemnify and hold harmless the City from and against any and all inj uries 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 liabil ity insurance carrier that the claim has 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. 18 . EQUAL EMPLOYMENT PROVISIONS : Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7 400 (Fort Worth City Code Sections 13-A-21 through 12 -A -29) prohibiting discrim ination in employments practices. The Contractor shall post the required notice to that effect on the project site , and at his request , will be provided by assistance by the City of Fort Worth 's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE : In accordance with City of Fort Worth Ordinance No . 15530, the City has goals for the participation of minority business enterprises and women business enterprises in C ity contracts . The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable , must be submitted with in f ive (5) City business days after bid opening . Failure to comply shall render the bid non-responsive . Upon request , Contractor agrees to provide the City complete and accurate informat ion regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of acts (other than a negl igent misrepresentation) and /or the commission 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 statement. Further , any such misrepresentation (other than a negligent misrepresentat ion) and/or commission of fraud will result in the Contractor being determ ined to be irresponsible and barred from participating in City work for a per iod of time not less than three years . The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids . Failure to comply with the City 's M/WBE Ordinance , or to Rev 2-19-10 SP -8 demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications . Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed . Contractor shall also provide monthly reports on utilization of the subcontractors to the City 's M/WBE office . The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals . The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed . All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non- responsive . Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work . Whenever a change order exceeds 10% of the original contract , the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall : 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid , and , 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces , the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City , and , 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM , if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers . Justification for change may be granted for the following : Rev 2-19-10 a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. b. Failure of Subcontractor to provide required general liability of other insurance . c. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan . SP-9 d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City , the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project , inclusive of M/WBEs . 20. FINAL CLEAN-UP : Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed . No more than seven days shall elapse after completion of construction before the roadway and ROW. is cleaned up to the satisfaction of the ENGINEER. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative . This cleanup shall include removal of all objectionable rocks , pieces of asphalt or concrete and other construction materials, and in general restoring the worksite to an orderly appearance . 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a . DEFINITIONS : b. Certification of coverage ("Certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the commission , or a coverage agreement (TWCC-81, TWCC-82 , TWCC-83 , OR TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing serv ices 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, City-operators, employees of any such entity , or employees of any entity which furnishes persons to provide services on the project. "Services" include , without limitation , providing , hauling , or delivering equipment or materials , or providing labor, transportation , or other 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 to ilets . The Contractor shall prov ide 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 pr ior to being awarded the contract. Rev 2-19-10 SP-10 d . If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project , the Contractor must, pr ior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended . e. The Contractor shall obtain from each person providing services on a project , and provide to the governmental entity: (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 (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 o r should have known , or 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 , 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) (2) (3) Rev 2-19 -10 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 ; 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; 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; SP -11 (4) obtain form each other person with whom it contracts , and provide to the Contractor: (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 ; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing 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 ( e) contractually require each person with whom it contracts , to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services . / j . By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by 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 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 adm i nistrative , 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 which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day 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 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 Rev 2-19-10 SP-12 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's 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 identify of their employer or status as an employee ." Call the Texas Worker's Compensation Commission at 512 -463 -3642 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". 22. 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 material, product , or piece of equipment bearing the name so used is furnished, it w ill 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, the substitution must be approved by the City . 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 . 23 . MECHANICS AND MATERIALMEN 'S LIEN : The Contractor shall be required to execute a release of mechanics and materialmen 's liens upon receipt of payment. 24 . WORK ORDER DELAY : All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities, right- of-ways , easements and/or permits are cleared or obtained . The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25 . CALENDAR DAYS : The Contractor agrees to complete the Contract within the allotted number of calendar days . 26 . 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 . 27 . CONSTRUCTION SPECIFICATIONS : This contract and project are governed by the two following published spec ifications , except as modified by these Special Provisions : Rev 2-19-10 SP-13 STANDARD SPECIF/CATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS A copy of either of these specifications may be purchased at the Office of the Department of Transportation and Public Works , 1000 Throckmorton Street , 2nd Floor, Municipal Building , Fort Worth , Texas 76102 . The specifications applicable to each pay item are indicated in the call-out for the pay item by the ENGINEER. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. NOTE TO CONSULTANTS AND CITY PM -REFERENCE APPROPRIATE SECTION OF BLUE BOOK OR NCTCOG FOR EVERY PAY ITEM (IN THE PROPOSAL) AND OTHER NON-PAY ITEMS 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship , or both , for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes . 29 . 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 prov ide information or material, if any, which is to be furnished by the City . When such extra compensat ion is claimed a written statement thereof shall be presented by the Contractor to the Director of the Transportation and Public Works Department 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 Counc il shall be final and binding . If delay is caused by specific orders given by the ENGINEER 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 Council ; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. 30 . DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian fac ilities 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 , warn ing and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs ," Item 524 and/or as shown on the plans . Construction signing and barricades shall conform with the latest version of the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways " 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material , the Contractor shall advise the Director of the Department of Transportation and Public Works acting as the City of Fort Worth 's Flood Plain Admin istrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Rev 2-19-10 SP-14 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). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood pl~in 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 pla in. 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 obtain ing the fill permit , including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site , upon notification by the Director of Transportation and Public Works , 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 . 32 . 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 asphaltic and/or 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 . (c) Quality control testing of on site 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) 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 . ( 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. 33 . PROPERTY ACCESS : Access to adjacent property shall be maintained at all times unless otherwise directed by the ENGINEER. Rev 2-19 -10 SP-15 34 . SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES : The following procedures will be followed regarding the subject item on this contract: (a) 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 : uWARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES ." (b) 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 . (c) When necessary to work within six feet of high voltage electric lines , notification shall be given the power company 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 the power company and shall record action taken in each case . (d) The Contractor is required to make arrangements with the power company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense . (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). 35 . WATER DEPARTMENT PRE-QUALIFICATIONS : Any Contractor perform ing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work . 36 . RIGHT TO AUDIT : (a) Contractor agrees that the City shall , until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books , documents , papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor fac ilities and shall be provided adequate and appropriate workspace in order to conduct audits in compl iance with the provisions of this section . The City shall give Contractor reasonable advance notice of intended audits . (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall , under the exp iration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books , documents , papers and Rev 2-19-10 SP -16 records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working . hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c ) hereof. City shall give subcontractor reasonable advance notice of intended audits . (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed . 37. CONSTRUCTION STAKES : The City, through its Surveyor or agent, will provide to the Contractor construction stakes or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerl ines and benchmarks for bridgework. <LIST SPECIFIC STAKING . THAT VV!LL BE PROVIDED IF DIFFERENT FROM THE FOLLOWING>. These stakes shall be set sufficiently in ·advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage , etc .), one set of excavation/or stabilization stakes , and one set of stakes for curb and gutter and/or paving . It shall be the sole responsibility of the Contractor to preserve , maintain , transfer, etc., alt stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the ENGINEER , a sufficient number of stakes or markings provided by the City have been lost , destroyed , or disturbed , that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place , then the Contractor shall replace such stakes or markings as required . An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes , at the Contactor's expense . No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 38 . LOCATION OF NEW WALKS AND DRIVEWAYS : The Contractor will make every effort to protect existing trees within the parkway, with the approval of the ENGINEER , the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees . 39 . 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 cont ract schedule , the following process shall be appl icable : The work progress on all construction projects 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 follow ing proactive measures w ill be taken : Rev 2-19-10 SP -17 - - - - 1. 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. 2. The Project Manager and the Directors of the Department of Transportation and Public Works and the Water 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. 3. Any notice that may , in the City 's sole discretion, be required to be provided to interested individuals will distributed by the Transportation and Public Works Department's Public Information Officer. 4. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Transportation and Public Works Department will , if necessary, then forward updated notices to the interested individuals . 5. 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 . 40 . AIR POLLUTION WATCH DAYS: The Contractor shall be requ ired to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS ". Typically , the OZONE SEASON , within the Metroplex area , runs from May 1 through OCTOBER 31 , with 6:00 a.m. -10 :00 a.m . being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION . The Texas Commission on Environmental Quality (TCEQ), in coordinat ion with the National Weather Service , will issue the Air Pollution Watch by 3:00 p.m . on the afternoon prior to the WATCH day . On designated Air Pollution Watch Days , the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10 :00 a .m . whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a .m . if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting ", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions , or alternative fuels such as CNG . If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day , the calendar days allowed may be adjusted . Rev 2-19-10 SP-18 - CONSTRUCTION NOTE TO CONSULTANTS AND CITY PM -AN ITEM FOR EVERY PAY ITEM (IN THE PROPOSAL) SHALL BE INCLUDED IN THIS SECTION, UNLESS THE DESCRIPTION, MATERIALS, CONSTRUCTION METHODS, MEASUREMENT, AND PAYMENT SECTIONS IN THE BLUE BOOK ARE ALL APPLICABLE AND NOTHING NEEDS TO BE CHANGED BY THESE SPECIAL PROVISIONS. DO NOT INCLUDE PAY ITEM SECTIONS FOR ITEMS THAT ARE NOT IN PROPOSAL. 41 . PAY ITEM -PAVEMENT -UNCLASSIFIED STREET EXCAVATION -REMOVE (BID- 00472): See Standard Specifications Item No . 106, "Unclassified Street Excavation " for specifications governing this item . Removal of existing penetration or asphalt pavement shall be included in this item. Removal of existing concrete pavement shall be included in this item. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional compensation shall be given as such . During the construction of this project, it is required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the ENGINEER. The intention of the City is to pay only the plan quantity without measurement. Should either contracting party be able to show an error in the quantities exceeding 10 percent , then actual quantities will be paid for at the unit prices bid . The party requesting the payment of actual rather than plan quantities is responsible for bearing any survey and/or measurement costs necessary to verify the actual quantities. 42 . PAY ITEM -PAVEMENT-NON GREEN CEMENT-INSTALL (BID-00429): (a) All applicable provisions of standard Specifications Item 314 "Concrete Pavement," shall apply . The Contractor shall use a six (6) sack concrete mix for all hand placement in the intersections. The unit price bid per square yard shall be full payment for all labor, material , equipment and incidentals necessary to complete the work . (b) Concrete pavement acceptance shall be as set forth in "Concrete Pavement Acceptance" within these Special Provisions. (c) All concrete pavement not placed by hand shall be placed using a fully automated paving machine as approved by the ENGINEER. Screeds will not be allowed except if approved by the ENGINEER. NOTE TO CONSULTANTS AND CITY PM-MAKE SURE THE PROPOSAL INCLUDES THE DEPTH OF PAVEMENT IN INCHES IN THE ITEM DESCRIPTION. IF GREEN CEMENT IS REQUIRED, USE A DIFFERENT STD PAY ITEM. Rev 2-19 -10 SP-19 43 . PAY ITEM -CURB - 7 INCH -INSTALL (BID-00843): T he Contractor may , at his option , construct either integral or superimposed curb . Standard Spec ification Item 502 shall apply except as follows : Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. If the Contractor fails to backfill behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb shall be reduced by 25% until the backfill operation is complete . 44 . PAY ITEM -RETAINING WALL-INSTALL (BID-00411): This item will consist of placing retaining walls in locations and at heights determined by the ENGINEER in the field . All applicable section of City of Fort Worth Standard Specification item 518 shall apply except as follows : Retaining wall shall be constructed per City of Fort Worth Construction Standard Drawing No. S-M13 "Retaining Wall with Sidewalk" where applicable. All existing brick and/or stone retaining walls not significantly impacted by proposed grade changes will be protected . Replacement of retaining walls not impacted by proposed grade changes will be at the expense of the Contractor. 45 . PAY ITEM -CURB -CURB & GUTIER AS DIRECTED BY INSPECTOR -REPLACE (BID-00844): This item is included for the purpose and removing and replacing existing curb and gutter in transition areas as determined by the ENGINEER in the field. The proposed curb and gutter will be of the same dimensions as the existing curb and gutter to be removed. Quantities fo r this pay item are approximate and are given only to establish a unit price for the work The price bid per linear foot for "CURB -CURB & GUTTER AS DIRECTED BY INSPECTOR -REPLACE " as shown in the Proposal will be full payment for materials including all labor, equipment , tools and incidentals necessary to complete the work. 46. PAY ITEM -PAVEMENT -TRANSITION -MIN 6 INCH HMAC -INSTALL (BID-00471): This item will consist of the furnishing and placing an HMAC surface in transition areas where indicated on the plans , as specified in these specifications and at other locations as may be directed by the ENGINEER. This item shall be governed by all applicable provisions of Standard Specifications Item 312 . The price bid per ton "PAVEMENT -TRANSITION -MIN 6 INCH HMAC -INSTALL" as shown in the Proposal will be full payment for materials includ ing all labor, equipment, tools and incidentals necessary to complete the work . 47 . PAY ITEM -PIPE -6 INCH SUBDRAIN W/ GRAVEL AND FI LTER FABRIC -INSTALL (BID-00924): No specific location for this item is designated on the plans . Subdrain shall be installed only if field cond itions indicate ground water at subgrade level after excavation and if deemed necessary by the ENGINEER. Rev 2-19 -10 SP-20 48. PAY ITEM -TRENCH SAFETY SYSTEM> 5 FOOT DEPTH -INSTALL (BID-00372): Description : This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench . The Contractor shall develop, design and implement the trench excavation safety protection system . The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work " for the workman . The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration , U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification . The Contractor shall, in addition , comply with all other applicable Federal , State and local rules , regulations and ordinances . Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal , which shall be total compensation for furnishing design , materials, tools, labor, equipment and incidentals necessary, including removal of the system . Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe . 49 . PAY ITEMS -SUBGRADE - 8 INCH LIME STABILIZED -INSTALL (BID-00486) and SUBGRADE -LIME FOR STABILIZATION -INSTALL (BID-00496): See Standard Specifications Item No . 210 , "Lime Treatment (Material Manipulation)" and Specification Item No . 212 , "Hydrated Lime and Lime Slurry" for specifications governing the items . Quantities for these pay item are approximate and are given only to estab lish a unit price for the work. The price bid per square yard for "SUBGRADE - 8 INCH LIME STABILIZED -INSTALL" as shown in the Proposal will be full payment for all labor, equipment, tools and incidentals necessary to complete the work . The price bid per ton for "SUBGRADE -LIME FOR STABILIZATION -INSTALL" as shown in the Proposal will be full payment for materials · necessary to complete the work. 50 . PAY ITEM -PAVEMENT - 6 INCH HMAC -INSTALL (BID-00451): The base course shall be a 3" deep Type "B" course placed in one lift. The surface course shall be a 3" deep Type "D" course p laced in one lift. All provisions of Standard Specification No . 312 . 7 'Construction Tolerance' shall apply except as modified herein : 1) After completion of each asphalt paving course , core tests will be made to determine compliance with the contract specifications . The hot-mix asphaltic concrete pavement will be core drilled by the City of Fort Worth . The thickness of the asphaltic surface will be determined by measurement cores taken at locations determined by the ENGINEER. The thickness of individual cores will be determined by averaging at least three (3) measurements . If the core measurements indicate a deficiency , the length of the area of such deficient thickness shall be determined by addit ional cores taken along the length of Rev 2-19-10 SP-21 the pavement in each direction until cores are obtained which are at least of specified thickness . The width of such area shall not be less than Yi of the roadway width . 2) When the thickness of the base course (as determined from core samples) is more than 15% deficient of the plan thickness , the Contractor shall remove and replace the deficient area at his own expense . If the thickness is less than 15% deficient , the Contractor shall make up the difference in the base thickness with surface course material. 3) The surface course must be the plan thickness . This does not include surface course material used to make up deficiencies in the base course as described in item 2). 4) The overall thickness of asphaltic concrete pavement must be a minimum of the plan thickness. Deficient areas (as determined in item 1) found to be less than the plan thickness will be removed and replaced at the Contractor's expense. 5) No additional payment over the contract price will be made for any hot-mix asphaltic concrete course of a thickness exceeding that required by the plans and specifications . 6) HMAC Testing Procedure : The Contractor is required to sµbmit a Mix Design for both Type "B" and "D" asphalt that will be used for each project. This should be submitted at the Pre-Construction Conference . This design shall not be more than two (2) years old . Upon submittal of the design mix a Marshal (Proctor) will be calculated, if one has not been previously calculated, for the use during density testing. For type "B" asphalt a maximum of 20% rap may be used. No Rap may be used in type "D" Upon approval of an asphalt mix design and the calculation of the Marshal (proctor) the Contractor is approved for placement of the asphalt. The Contractor shall contact the City Laboratory, through the inspector, at least 24 hours in advance of the asphalt placement to schedule a technician to assist in the monitoring of the number of passes by a roller to establish a rolling pattern that will provide the required densities . The required Density for Type "B" and for Type "D" asphalt will be 91% of the calculated Marshal (proctor). A Troxler Thin Layer Gauge will be used for all asphalt testing . After a rolling pattern is established, densities should be taken at locations not more than 300 feet apart . The above requirement applies to both Type "B" and "D" asphalt. Densities on type "B " must be done before Type "D" asphalt is applied . Cores to determine thickness of Type "B " asphalt must be taken before Type "D" asphalt is appl ied. Upon completion of the application of Type "D" asphalt additional cores must be taken to determine the applied thickness . 51 . PAY ITEMS -WALK -INSTALL (BID-00528), CURB & GUTTER -INSTALL (BID- 00423), WALK -ADA WHEELCHAIR RAMP -INSTALL (BID-01227), AND DRIVEWAY -INSTALL (BID-00401) Concrete flatwork is defined as curb, curb and gutter, sidewalks , leadwalks , wheelchair ramps and driveways as shown in the plans . This provision governs the sequence of work Rev 2-19-10 SP -22 related to concrete flatwork and shall be considered a supplement to the specificat ions governing each specific item . The Contractor shall not remove any regulatory sign , instruction sign , street name and sign or other sign which has been erected by the C ity . The Contractor shall contact Signs and Marking Division, TPW. Required backfilling and finished grading adjacent to flatwork shall be completed in order for the flatwork to be accepted and measured as completed . No payment will be made for flatwork until the pay item has been completed, which includes backfilling and finished grading. The price bid per square foot for "WALK -INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item . The price bid per linear foot for "CURB & GUTTER -INSTALL " as shown in the Proposal will be full payment for materials necessary to complete the work for that item. The price bid each ton for "WALK -ADA WHEELCHAIR RAMP -INSTALL "as shown in the Proposal will be full payment for materials necessary to complete the work for that item . The type of ramp shall be per plan and shall be called out in the Proposal item . The price bid per square foot for "DRIVEWAY -INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item . 52 . PAY ITEMS -WALK -REMOVE (BID-00529), CURB & GUTIER -REMOVE (BID- 00424), WALK-ADA WHEELCHAIR RAMP -REMOVE (BID-00533), AND DRIVEWAY -REMOVE (BID-00402): These items include removal of existing concrete sidewalks , driveways , steps , leadwalks and/or wheelchair ramps at location shown on the plans or as designed by the ENGINEER. See Item No. 104 "Removing Old Concrete", for Specifications governing this item . 53 . PAY ITEMS -WALK -STEPS -REMOVE (BID-00537) and WALK -STEPS - INSTALL (BID-00536): See Standard Specification Item No . 516, "Concrete Steps " for specifications governing this item as well as Detail SM-3 . The price bid per square foot for "WALK -STEPS -REMOVE" and "WALK -STEPS - INSTALL" as shown in the Proposal will be full payment for materials including all labor, equipment, tools and i ncidentals necessary to complete the removal and construction of the concrete steps . 54 . PAY ITEMS -FENCE -REMOVE (BID-00127) and FENCE -INSTALL (810-00126): This item shall include the removal and reconstruction (or installation of new)of the existing fence at the locations shown on the plans or where deemed necessary by the ENGINEER. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence . Their constructed fence shall be equal in every way, or superior, to the fence removed . The Contractor shall be responsible for keeping livestock within the fenced areas during construction operation and wh ile removing and relocating the Rev 2-19-10 SP-23 fence , and for any damage or injury sustained by persons , livestock or property on account of any act of omission , neglect or misconduct of his agents , employees , or subcontractors . The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equ ipments , tools and incidentals necessary to complete the work for each . 55 . PAY ITEM-CURB & GUTTER -? INCH W/ 18" GUTTER-INSTALL (BID-00426): All provisions of Standard Specification No . 502 'Concrete Curb and Gutter' shall apply except as modified herein: Subsidiary to the unit price bid per linear foot shall be the following : A m inimum of 5" or greater as required depth of stabil ized subgrade properly compacted under the proposed curb and gutter as shown in the const ruction details . If the Contractor fails to backfill either i n from of the gutter or behind the curb within seven (7) calendar days of pouring the curb and gutter, the amount paid for the curb and gutter shall be reduced by 25% until the backfill operation is complete . Standard Specifications Item No. 502, shall apply except as herein modified . Concrete shall have minimum compressive strength of three thousand {3 ,000) pounds per square inch in twenty-eight (28) days . The quantity of mixing water shall not exceed seven (7) gallons per sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches . A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. 56 . PAY ITEMS -MAILBOX -REMOVE (BID-00408) and MAILBOX -INSTALL (BID- 00407) This item includes the removal and reconstruction of existing mailboxes within the right of way which may be damaged or removed during construction . When possible , the Contractor shall salvage existing materials for reuse in the replacement or repa ir of damaged or removed items . Items which are to be repaired or reconstructed should look architecturally the same in material and appearance and should be reconstructed or repaired in a better or new condition. All applicable provisions of City of Fort Worth Construction Standards shall apply . 57 . PAY ITEM-FILL MATERIAL-BORROW-INSTALL (00543): The non-expansive earth fill should consist of soil materials with a liquid limit of 35 or less, a plasticity index between 8 and 20 , a minimum of 35 percent passing the No. 200 sieve , a minimum of 85 percent passing the No . 4 sieve , and which are free of organics or other deleterious materials . When compacted to the recommended moisture and density , the material should have a maximum free swell value of 0 .5 percent and a maximum hydraulic conductivity (permeability) of 1 E-05 cm/sec , as determined by laboratory testing of remolded specimens of the actual materials proposed for the non -expansive earth fill . The price bid per cubic yard for "FILL MATERIAL -BORROW-INSTALL" as shown in the Proposal will be full payment for materials necessary to complete the work for that item . Rev 2-19-10 SP-24 58 . PAY ITEM -PAVEMENT -VALLEY GUTTER -INSTALL (810-00473): This item shall include the construction of concrete valley gutters at various locations to be determined in field. Removal of existing , asphalt pavement, concrete base , curb and gutter, and necessary excavation to install the concrete valley gutters all shall be subsidiary to this pay item . Furnishing and placing of 2 :27 concrete base and crushed limestone to a depth as directed by the ENGINEER and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item 314 "Concrete Pavement", 312 "Hot-Mix Asphaltic Concrete", Item No . 104, "Removing Old Concrete", Item No . 106, "Unclassified Street Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per square inch. Contractor shall work on one-half of Valley gutter at a time , and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendar days. 59. PAY ITEM -UNCLASSIFIED TRENCH EXCAVATION AND BACKFILL -INSTALL (810- 00101): Work under this item includes all the proposed excavation and backfill in the project area and the necessary fill area (if any). Payment will be made for the quantity of earth excavated/backfilled from the trench in cubic yards . The placing of fill shall be subsidiary to the trench excavation/backfill price . Excess material which is obtained from excavating the trench may be used for fill placement subject to the provisions of Item 114 of the City of Fort Worth Standard Specifications and approval of the ENGINEER. All excavated material which is unacceptable as fill material shall become the property of the Contractor to be hauled off the site and disposed of properly . Unacceptable material shall be, but not limited to : rocks, concrete, asphalt, debris, etc. The cost for removal and disposal of unacceptable material shall be subsidiary to the unit prices . 60. PAY ITEM -STORM WATER POLLUTION PREVENTION > Than 1 AC SWPPP - INSTALL (810-00100): PERMIT: As defined by Texas Commission on Environmental Quality (TCEQ) regulations, a Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required for all construction activities that result in the disturbance of one to five acres (Small Construction Activity) or five or more acres of total land (Large Construction Activity). The Contractor is defined as an "operator" by state regulations and is required to obtain a permit. Soil stabilization and structural practices have been selected and designed in accordance with North Central Texas Council of Governments Best Management Practices and Erosion Control Manual for Construction Activities (BMP Manual). Rev 2-19-10 SP-25 Not all of the structural controls discussed in the BMP Manual will necessarily apply to this project. Best Management Practices are construction management techniques that , if properly utilized , can minimize the need for physical controls and possible reduce costs . The methods of control shall result in minimum sediment retention of not less than 70%. NOTICE OF INTENT (NOi): If the project will result in a total land disturbance equal to or greater than 5 acres, the Contractor shall sign at the pre-construction meeting a TCEQ Notice of Intent (NOi) form prepared by the ENGINEER. It serves as a notification to the TCEQ of construction activity as well as a commitment that the Contractor understands the requirements of the permit for storm water discharges from construction activities and that measures will be taken to implement and maintain storm water pollution prevention at the site . The NOi shall be submitted to the TCEQ at least 48 hours prior to the Contractor moving on site and shall include the required $325 application fee (if mailed) or $225 (if e- filed). The NOi shall be mailed to : BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) P.O. Box 13087 Austin, TX 78711-3087 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) 12100 Park 35 Circle Austin , TX 78753 NOTICE OF TERMINATION (NOT): For all sites that qualify as Large Construction Activity, the Contractor shall sign , prior to final payment , a TCEQ Notice of Termination (NOT) form prepared by the ENGINEER. It serves as a notice that the site is no longer subject to the requirement of the permit. The NOT should be mailed to: BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) P.O . Box 13087 Austin , TX 78711-3087 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Storm Water Processing Center (MC228) 12100 Park 35 Circle Austin , TX 78753 A copy of the NOi and NOT shall be sent to: City of Fort Worth Rev 2-19-10 SP-26 Department of Environmental Management 1000 Throckmorton Street Fort Worth, TX 76102 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): A document consisting of an erosion control and toxic waste management plan and a narrative defining site parameters and techniq4es to be employed to reduce the release of sediment and pollution from the construction site. Five of the project SWPPP's are available for viewing at the plans desk of the Department of Transportation and Public Works. The selected Contractor shall be provided with three copies of the SWPPP after award of contract, along with unbounded copies of all forms to be submitted to the Texas Commission on Environmental Quality . LARGE CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN 5 ACRES: A Notice of Intent (NOi) form shall be completed and submitted to the TCEQ including payment of the TCEQ required fee. A SWPPP that meets all TCEQ requirements prepared by the ENGINEER shall be prepared and implemented at least 48 hours before the commencement of construction activities . The SWPPP shall be incorporated into in the contract documents . The Contractor shall submit a schedule for implementation of the SWPPP . Deviations from the plan must be submitted to the ENGINEER for approval. The SWPPP is not warranted to meet all the conditions of the permit since the actual construction activities may vary from those anticipated during the preparation of the SWPPP . Modifications may be required to fully conform to the requirements of the Permit. The Contractor must keep a copy of the most current SWPPP at the construction site. Any alterations to the SWPPP proposed by the Contractor must be prepared and submitted by the Contractor to the ENGINEER for review and approval. A Notice of Termination (NOT) form shall be submitted within 30 days after final stabilization has been achieved on all portions of the site that is the responsibility of the permittee, or, when another permitted operator assumes control over all areas of the site that have not been finally stabilized . SMALL CONSTRUCTION ACTIVITY -DISTURBED AREA EQUAL TO OR GREATER THAN ONE ACRE BUT LESS THAN FIVE ACRES : Submission of a NOi form is not required . However, a TCEQ Site Notice form must be completed and posted at the site. A copy of the completed Site Notice must be sent to the City of Fort Worth Department of Environmental Management at the address listed above . A SWPPP, prepared as described above , shall be implemented at least 48 hours before the commencement of construction activities . The SWPPP must include descriptions of control measures necessary to prevent and control soil erosion , sedimentation and water pollution and will be included in the contract documents . The control measures shall be installed and maintained throughout the construction to assure effective and continuous water pollution control. The controls may include , but not be limited to , silt fences, straw bale dikes , rock berms , diversion dikes, interceptor swales, sediment traps and basins, pipe slope drain, inlet protection, stabilized construction entrances , seeding, sodding, mulching, soil retention blankets , or other structural or non-structural storm water pollution controls. The method of control shall result in a minimum sediment retention of 70% as defined by the NCTCOG "BMP Manual." Deviations from the proposed control measures must be submitted to the ENGINEER for approval. PAYMENT FOR SWPPP IMPLEMENTATION: Payment shall be made per lump sum as shown on the proposal as full compensation for all items contained in the project SWPPP . Rev 2-19-10 SP-27 61 . PAY ITEM -TRAFFIC CONTROL -INSTALL (BID-00181): 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 responsib le for providing traffic control during the construction of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701d Vernon 's Civil Statutes , pertinent sections being Section Nos . 27 , 29 , 30 and 31 . Unless otherwise included as part of the Construction documents , the Contractor shall submit a traffic control plan (duly sealed , signed and dated by a Registered Professional Engineer (P .E.) in the state of Texas), to the City Traffic Engineer [Tel (817)392-8770] at or before the preconstruction conference . The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals " on the City's Buzzsaw website. Although work will not begin until the traffic control plan has been reviewed and approved, the Contractor's t ime will begin in accordance with the timeframe mutually established in the 'Notice to Proceed' issued 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 to remove the sign . In the case of regulatory signs , the Contractor must replace the permanent sign with a temporary sign meeting the requi rements 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 reinstalled , the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer. The lump sum pay item for traffic control shall cover design , and I or installation and maintenance of the traffic control plans . 62 . PRE BID ITEM-SIGN -PROJECT DESIGNATION -INSTALL (BID-00504): The Contractor shall construct and install two (2) Project Designat ion Signs and it will be the respons ibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction . Maintenance will include painting and repairs as directed by the ENGINEER. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint , painting and lettering on the signs shall be approved by the ENGINEER. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of%" fir plywood , grade A-C (exterior) or better . These signs shall be installed on barricades Rev 2-19-10 SP -28 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. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work . 63. PRE BID ITEM -UTILITY ADJUSTMENT -REPAIR (810-00414): This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain . An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustments, neither does it confine utility adjustments to the amount shown in the Proposal. It shall be the "Contractor" responsibility to provide the services of a licensed plumber to make the utility adjustments determined necessary by the ENGINEER. No payment will be made for utility adjustments except those adjustments determined necessary by the ENGINEER. Should the Contractor damage service lines due to his negligence, where such lines would not have required adjustment or repair otherwise , the lines shall be repaired and adjusted by the Contractor at the Contractor's expense . The payment to the Contractor for utility adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments . 64 . PRE BID ITEM -TOP SOIL -INSTALL (810-00147): The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed . 65 . PRE BID ITEM -VALVE BOX-ADJUSTMENT-SERVICES (810-00847): Contractor will be responsible for adjusting water valve boxes to match new pavement grade . The water valves themselves will be adjusted by City of Fort Worth Water Department forces. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 66 . PRE BID ITEM -MANHOLE -ADJUSTMENT -SERVICES (810-00849): This item shall include adjusting the tops of existing and/or proposed manholes to match proposed grade as shown on the plans or as directed by the ENGINEER . Standard Specification Item No. 450 shall apply except as follows : Rev 2-19-10 SP-29 Included as part of this pay item shall be the appl ication of a cold-appl ied preformed flexible butyl rubber or plastic sealing compound for sealing interior and/or exterior joints on concrete manhole sections as per current City Water Department Special Conditions . A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work . 67 . PRE BID ITEM -METER BOX -ADJUSTMENT -SERVICES (BID-00848): This item shall include raising or lowering an existing meter box to the parkway grade specified . No payment will be made for existing boxes , which are within 0.1 ' of specified parkway grade. A unit price bid per each has been assigned to this item (see Proposal). The assigned unit price will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 68 . NON PAY ITEM -PAVEMENT -SILICONE JOINT SEALANT CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION for SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) 1. SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2. (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION -CITY OF FORT WORTH, and Item 2 .210 "Joint Sealing " of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION -NORTH TEXAS COUNCIL OF GOVERNMENTS. 2. MATERIALS Rev 2-19-10 2.1 The silicone joint sealant shall meet Federal Specification TT-S-001543A for Class A sealant except as modified by the test requirements of this specification. Before the installation of the joint sealant, the Contractor shall furnish the ENGINEER certification by an independent testing laboratory that the sil icone joint sealant meet these requirements . 2.2 The manufacturer of the silicone joint sealant shall have a minimum two-year demonstrated, documented successful field performance with Portland Cement Concrete pavement silicone joint sealant systems . Verifiable documentation shall be submitted to the ENG INEER. Acetic acid cure sealants shall not be accepted . The silicone sealant shall be cold applied . SP-30 2.3 Self-Leveling Silicone Joint Sealant The joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant as manufactured by Dow Corning Corporation , Midland , Ml 48686- 0994, or an approved equal. Test Method AS SUPPLIED **** MIL-S-8802 ASTM D 1475 **** **** **** AS CURED- ASTM D 412, Die ASTM D 3583 (Sect. 14 Mod.) ASTM C 719 ASTM D 3583 (Sect. 14 Mod .) ASTM D 3583 (Sect. 14 Mod .) Self-Leveling Silicone Joint Sealant Non Volatile Content, % min . Extrusion Rate, grams/minute Specific Gravity Skin-Over T ime , minutes max . Cure Time , days Full Adhesion , days Mod . Elongation , % min. Modulus @ 150% Elongation, psi max . Movement, 10 cycles@ +100/-50% Adhesion to Concrete , % Elongation min . Adhesion to Asphalt , % Elongation min . Requirement 96 to 99 275 to 550 1.206 to 1.340 60 14 to 21 14 to 21 1400 9 No Failure 600 600 2.4 The joint filler sop shall be of a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The backer rod and breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them . Reference is made to the "Construction Detail " sheet for the various joint details with their respective dimensions . 3. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints shall be initially saw cut to the required depth with the proper joint spacing as shown on the "Construction Detail" sheet or as directed by the ENGINEER within 12 hours of the pavement placement. (Note that for the "dummy" joints , the initial 1 /4 inch width "green " saw-cut and the "reservoir" saw cut are identical and should be part of the same saw cutting operation . Immediately after the saw cutting pressure washing shall be applied to flush the concrete slurry from the freshly saw cut joints .) The pavement shall be allowed to cure for a minimum of seven Rev 2-19-10 SP-31 (7) days . Then the saw cuts for the joint sealant reservoir shall be made, the joint cleaned , and the joint sealant installed . During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising . 4 . EQUIPMENT 5 . 4 .1 All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the ENGINEER prior to the beginning of the work . The minimum requirements for construction equipment shall be as follows : 4.2 Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. 4.3 High Pressure Water Pump: The high pressure cold water pumping system shall be capable of delivering a sufficient pressure and volume of water to thoroughly flush the concrete slurry from the saw-cut joint. 4.4 Air Compressors : The delivered compressed air shall have a pressure in excess of 90 psi and 120 cfm . There shall be suitable reaps for the removal of all free water and oil from the compressed air. The blow-tube shall fir into the saw-cut joint. 4 .5 Extrusion Pump : The output shall be capable of supplying a sufficient volume of sealant to the joint. 4 .6 Injection Tool : This mechanical device shall apply the sealant uniformly into the joint. 4 . 7 Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. 4.8 Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination . They shall be compatible with the join depth and width requirements . CONSTRUCTION METHODS ' 5.1 General : The joint reservoir saw cutting, cleaning , bond breaker installation , and joint sealant placement shall be performed in a continuous sequence of operations 5.2 Sawing Joints : The joints shall be saw-cut to the width and depth as shown on the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. 5.3 Cleaning Joints: Immediately after sawing , the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent Rev 2-19-10 SP-32 joint contamination . When the Contractor elects to saw the joint by the dry method , flushing the joint with high pressure water may be deleted . The dust resulting from the sawing shall be removed from the joint by using compressed air . (Paragraph Rev . 1, October 18 , 1989) After complete drying , the joints shall be sandblasted . The nozzle shall be attached to a mechanical aiming device so that the sand blast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes . Upon the termination of the sandblasting , the joints shall be blown-out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contaminat ion . If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned . Solvents will not be permitted to remove stains and contamination . Immediately upon cleaning , the bond breaker and sealant shall be placed in the joint. Open , cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape : The bond breaker rod and tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions . 5.4 Joint Sealant: Upon placement of the bond breaker rod and tape , the joint sealant shall be applied using the mechanical injection tool. The joint sealant application shall not be permitted when the air and pavement temperature is less than 40F (4C). Joints shall not be sealed unless they are clean and dry. Unsatisfactorily sealed joints shall be refilled . Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints . The p·avement surface shall present a clean final condition . Traffic shall not be allowed on the fresh sealant until it becomes tack-free . Approval of Joints : A representative of the sealant manufacturer shall be present at the job site at the beg inning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the ENGINEER the acceptable method for sealant installation . The manufacturer's representative shall approve the clean , dry joints before the sealing operation commences . 6 . WARRANTY The Contractor shall provide the ENGINEER a manufacturer's written guarantee on all joint sealing materials . The manufacturer shall agree to provide any replacement Rev 2-19-10 SP-33 material free of charge to the City . Also , the Contractor shall provide the ENGINEER a written warranty on all sealed joints. The Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for two years after final acceptance of the completed work by the ENGINEER. 7 . BASIS OF PAYMENT All costs associated with concrete joint sealant shall be subsidiary to the concrete item and no other compensation will be provided. 69 . NON-PAY ITEM -ACCEPTANCE OF REINFORCED CONCRETE PAVEMENT: The concrete pavement acceptance policy shall be as follows : A. Penalty for Deficient Pavement Thickness. There shall be no acceptance of deficient pavement thickness other than the tolerances specified below. 1. Pavement thickness deficiency up to 0.25-inch will be considered as satisfactory and the contract unit price will be used for payment if the average thickness with in the project meets or exceeds the specified designed thickness . 2 . Deficiencies of greater than 0 .25-inch shall be removed and replaced with pavement of plan thickness at contractor's entire expense. B. Cracked Concrete Acceptance Policy. The criteria for acceptance or rejection of reinforced concrete that is cracked is as follows : 1. DEFINITIONS a. Minor crack -A crack of no more than 5 feet in length and does not extend i.) from the edge of a slab or from a pavement joint, or; ii .) the depth to the reinforcement steel of the concrete slab, or; iii.) an intermediate crack that is designated as a minor crack under Monitor Pavement Option 2 . b. Intermediate Crack -A crack that extends from any edge of slab or joint a d istance of no more than 5 feet. c. Structural or Major crack -A crack i.) of greater than 5 feet , or; ii.) that extends from the edge of a slab or from a pavement joint to any other edge of slab or joint, or; iii .) extends the full depth of the concrete slab , or; iv.) an intermediate crack that is designated as a structural crack under Monitor Pavement Option 2 . d. City Engineer -In the application of this policy , the City Engineer is the Director of the Department of Transportation and Publ ic Works or his des ignee. 2. ACCEPTABLE PAVEMENT-NO ACTION IS NECESSARY: A concrete panel with four (4) or less minor cracks as defined above is acceptable. (See Figure 1). Rev 2-19-10 SP -34 No action is necessary and no routing and sealing is allowed. I J ' --- t l I / \ t I l I I f 1 ( PLAN PROFILE Figure 1 -No action is necessary 3. MONITORED PAVEMENT A concrete pavement with one intermediate crack as defined above may be acceptable. The contractor has two options . Option No. 1 -The panel may be removed and replaced at contractor expense. Option No. 2 -The limit of the crack shall be identified for future reference by drilling a 1/2 " hole at the free end of the crack and sealing the crack with an approved epoxy material. If at the end of the warranty period the crack has not propagated then the crack will be designated as a minor crack . If the crack has propagated then the crack is cons idered a structural crack. 4. STRUCTURALLY CRACKED PAVEMENT -FULL PANEL REPLACEMENT IS REQUIRED: A. If a panel contains greater than four (4) minor cracks and those cracks are determined to be caused primarily by a deficiency of material or wo rkmanship , the panel must be removed and replaced by the Contractor at his own expense. (See Figure 2) Rev 2-19-10 SP-35 --- 4--rtW \ PLAN PROFILE Figure 2 -Full panel replacement is required. B. All concrete panels with any structural or major crack as defined above that is determined to be caused, primarily, by a deficiency of material or workmanship must be removed and replaced in their entirety by the Contractor at his own expense . (See Figures 3 and 4 below) t "~J WJ \ -- t ~\. t l '\\ PLAN PROFILE Figure 3 -Full panel replacement is required. J -r -w ( J ./ PLAN PROFILE Rev 2-19-10 SP-36 Figure 4 -Full panel replacement is required. C. If the edge of existing concrete pavement is damaged during the construction of ad j acent pavement; the damaged panel(s) must be removed and replaced in its entirety by the Contractor at his own expense . 5. APPLICATION AND FINAL DETERMINATION OF POLICY It is not the intention of this policy that the Contractor is requ ired to remove and replace at his own expense any concrete that cracks due primarily to causes other than his own materials and/or workmanship . While cracks may be caused by a combination of factors , a primary cause can be determined . It is the policy that if a deficiency of materials and/or workmanship be found to be the primary cause of a crack or cracks , then the contractor shall remove and replace the panels that contain the structural crack or cracks at no expense to the City . If cracks exist in the project, the City Engineer or his/her designee will make the determination if the crack is minor or structural. If the crack is structural, the Contractor and the City w ill attempt to agree on the cause or causes of the crack . If the Contractor and City agree that the cause of a structural crack requiring removal and replacement is due primarily to Contractor's deficient material or workmanship , the concrete pavement will be removed and replaced at Contractor's entire expense. If the Contractor and City cannot agree as to the cause of a structural crack , the City may hire an independent geotechnical eng ineer to perform testing and ana lysis to determine the cause of the crack . The contractor will escrow 50% of the proposed costs of the geotechnical contract with the City . The contractor and the City shall use the services of a geotechnical firm acceptable to both parties . If the geotechnical engineer determines that the primary cause of a structural crack is due to Contractor's deficient material or workmanship , the deficient concrete pavement will be removed and replaced at Contractor's entire expense and the Contractor will also pay the City for the balance of the cost of the geotechnical investigation over and above the amount that has previously been escrowed. If the geotechnical engineer determines that the primary cause of the structural crack is not due to Contractor's deficient material or workmanship , the concrete pavement will not be removed and replaced without additional compensation to the Contractor. In turn , the Rev 2-19-10 SP -37 Contractor's escrowed funds , as described above, will be released . 70 . NON-PAY ITEM -CLEARING AND GRUBBING : A ll objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102 , "Clearing and Grubb ing ." However , no direct payment will be made for this item and it shall be considered incidental to this contract. 71 . NON -PAY ITEM-SPRINKLING FOR DUST CONTROL: All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply . However , no direct payment will be made for this item and it shall be considered incidental to this contract. 72 . NON-PAY ITEM -PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards , 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 . By ordinance , the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights -of-way and designated alleys. This permit can be obtained by calling the Forestry Office . All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture . Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City . To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning pa int is recommended . 73 . NON-PAY ITEM -CONCRETE COLORED SURFACE : Concrete wheelchair ramp surfaces , excluding the side slopes and curb, shall be colored with LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener manufactured by L.M . Scofield Company or equal , shall be used in accordance with manufacturers' instructions . Contractor shall provide a sample concrete panel of one foot by one foot by three inches dimension , or other dimension approved by the ENGINEER , meeting the aforementioned specifications . The sample, upon approval of the ENGINEER , shall be the acceptable standard to be applied for all construction covered in the scope of this Non-Pay Item . No direct payment will be made for this item and it shall be considered incidental to this contract . The method of application shall be by screen, sifter, sieve, or other means in order to provide for a uniform color distribution . 74 . NON-PAY ITEM -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 Rev 2-19-10 SP-38 subsidiary to the appropriate bid items . Clean up work shall be done as directed by the ENGINEER as the work 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 other properties . If the ENGINEER does not feel that the jobsite has been kept in an orderly condition , on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed . No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the ENGINEER. 75. NON-PAY ITEM -PROJECT SCHEDULE: Before commencing any wo rk under this contract , the CONTRACTOR shall submit to the OWNER a draft detailed baseline construction schedule that meets the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Contract. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e . file formats associated with the scheduling software). The approved scheduling software systems for creat ing the schedule files are : -Primavera (Version 6 .1 or later or approved by OWNER) -Primavera Contractor (Version 6.1 or later or approved by OWNER) -Primavera SureTrak (Version 3.x or later or approved by OWNER) -Microsoft Project (Version 2003/2007 or later or approved by OWNER) It is suggested that the CONTRACTOR employ or retain the services of a qualified Project Scheduler to develop the required schedules . A qualified Project Scheduler would have the following minimum capabilities and experience . a. Experience preparing and maintaining detailed schedules, as well as 1 year of experience using approved scheduling software systems as defined in this specification. b. Knowledge of Critical Path Method of scheduling and the ability to analyze schedules to determine duration , resource allocation , and logic issues. c. Understanding of construction work processes to the extent that a logical critical path method schedule can be developed , maintained , and progressed that accurately represents the scope of work performed . 75 .(a) BASELINE CONSTRUCTION SCHEDULE : The CONTRACTOR shall develop, submit and review the draft detailed baseline construction schedule with the OWNER to demonstrate the CONTRACTOR 's understanding of the contract requirements and approach for performing the work . The CONTRACTOR will prepare the final detailed baseline construction schedule based on OWNER comments, if any. The CONTRACTOR 's first (1st) payment application will only be processed after the detailed baseline construction schedule has been submitted by the CONTRACTOR and accepted by the OWNER. Rev 2-19-10 SP -39 The following guidelines shall be adhered to in preparing the baseline construction schedule. a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements, and completion time . b. The construction progress shall be divided into activities with time durations no greater than 20 work days . Fabrication , delivery and submittal activities are exceptions to this guideline. c. Activity durations shall be in work days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity . d. The critical path shall be clearly shown on the construction schedule . e. Float time is defined as the amount of time between the earliest start date and the late start date using CPM . Float time is a shared and expiring resource and is not for the exclusive use or benefit of the CONTRACTOR or OWNER. f . Thirty days shall be used for submittal review unless otherwise specified . The construction schedule shall be divided into general activities as indicated in the Schedule Guidance Document and each general activity shall be broken down into sub- activities in enough detail to achieve sub-activities of no greater than 20 days duration. The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein . For each general activity , the construction schedule shall identify all trades or subcontracts applicable to the project whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts applicable to the project, the construction schedule shall indicate the following : procurement, construction, pre-acceptance activities, and events in their logical sequence for equipment and materials . Include applicable activities and milestones such as: 1. Milestone for formal Notice to Proceed 2. Milestone for Final Completion or other completion dates specified in the contract documents 3. Preparation and transmittal of submittals 4. Submittal review periods 5. Shop fabrication and delivery 6. Erection and installation 7. Transmittal of manufacturer's operation and maintenance instructions 8. Installed equipment and material testing 9. Owner's operator instructions (if applicable) 10 . Final inspection 11 . Operational testing 75(b) PROGRESS CONSTRUCTION SCHEDULE : The CONTRACTOR shall prepare and submit monthly to the OWNER for approval the updated schedule in accordance with Section 81 and 82 and the OWNER 's Schedule Guidance Document inclusive. As the Work progresses , the CONTRACTOR shall enter into the schedule and record actual progress as described in the Schedule Guidance Document. Rev 2-19-10 SP-40 The updated schedule submittal shall also include a concise narrative report that highlights the following , if appropriate and appl icable : • Changes in the critical path , • Expected schedule changes , • Potential delays , • Opportunities to expedite the schedule , • Coordination issues the OWNER should be aware of or can assist with , • Other schedule-related issues that the CONTRACTOR wishes to communicate to the OWNER. a. The CONTRACTOR 's monthly progress payment applications will not be accepted and processed for payment without monthly schedule updates , submitted in the time and manner required by this specification and the Schedule Guidance Document , and which accurately reflects the allowable costs due under the Contract Documents and is accepted by the OWNER. b. Only one schedule update will be required per month in accordance with the Schedule Guidance Document and this specification . c . Failure to maintain the Schedule in an accepted status may result in the OWNER withholding payment to the CONTRACTOR until the schedule is accepted. 75(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: If, in the opinion of the OWNER, work accomplished falls behind that scheduled, the CONTRACTOR shall take such action as necessary to improve his progress. In addition , the OWNER may require the CONTRACTOR to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to ensure completion of the Work within the allotted Contract time . Failure of the CONTRACTOR to comply with these requirements shall be cons idered grounds for determination by the OWNER that the CONTRACTOR is failing to execute the Work with due diligence as will ensure completion within the time specified in the Contract. 76 . SCHEDULE TIERS SPECIAL INSTRUCTIONS : The requirements for the schedule are determined based on the nature and needs of the project. The schedule for all projects shall be Tier 3 unless otherwise stated in the contract documents . The requirements for each T ier are described below. CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document provided in the Contract Documents . TIER 3 COST LOADING SPECIAL INSTRUCTIONS : 1. At a minimum, each Activity Breakdown Structure (ABS) in the scheduling software shall be cost-loaded with the total contract dollars associated with the respective ABS elements. TIER 4 COST LOADING SPECIAL INSTRUCTIONS: Rev 2-19-10 1. Adhere to all Tier 3 requirements , and additionally the following : 2 . Work (Schedule of Values Pay Items using the OWNER 's standard items) shall be loaded into the scheduling software us ing the "NON-LABOR" SP-41 resource type showing the quantity of work to be done along with the corresponding value of the work measured in dollars . It is intended that Earned Value will be calculated as the schedule resources are progressed . TIER 5 COST LOADING SPECIAL INSTRUCTIONS : 1. Adhere to all Tier 4 requirements, and additionally the following : • Labor resources (Man-Hours) shall be loaded into the scheduling software using the "LABOR " resource type with man-hours and without cost. 77 . NON-PAY ITEM-NOTIFICATION OF RESIDENTS : In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement, the Contractor shall notify residents , in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving projects . All costs involved with providing such written notice shall be considered subsidiary to this contract. 78 . NON-PAY ITEM-PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construct ion on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area . The flyer shall be prepared on the Contractor's letterhead and shall include the following information : Name of Project , City Project No ., Scope of Project (i.e . type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City 's after-hours phone number. A sample of the 'pre-construction notification' flyer is attached . The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed . The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 79. NON-PAY ITEM -PRE-CONSTRUCTION NEIGHBORHOOD MEETING : After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the ENGINEER. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule , including construction start date , and answer any construction related questions . Every effort will be made to schedule the neighborhood Rev 2-19-10 SP-42 meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. 80 . NON-PAY ITEM -WASHED ROCK : All washed rock used for embedment or backfill or as otherwise directed by the ENGINEER shall washed, crushed stone and shall meet the following gradation and abrasion : (Actual washing not required if gradation is met) Sieve Size 1" 1/2" 3/8" #4 #8 % Retained 0-10 40-75 55-90 90-100 95-100 Los Angeles Abrasion Test: 50% Maximum wear per A.S .T.M . Designation C-131 . 81 . NON-PAY ITEM-SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw . The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item . 82 . NON PAY ITEM -LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before repaving commences for a particular street. The Contractor shall attempt to include the ENGINEER (if he is available) in the observation and marking activity. In any event a street shall be completely marked a minimum to two (2) working days before repaving begins on any street. Marking the curbs with paint is a recommended procedure . It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the repaving is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. 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. 83 . NON PAY ITEM -TIE IN INTO STORM DRAIN STRUCTURE : The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines . Rev 2-19-10 SP-43 84 . NON PAY ITEM -SPRINKLER HEAD ADJUSTMENT : The adjustment and/or relocation of sprinkler heads encountered shall be paid for under "UTILITY ADJUSTMENT" in the proposal section . No other compensation will be provided . 85 . NON PAY ITEM -FEE FOR STREET USE PERMITS AND RE-INSPECTIONS : Contractor is required to secure a Street Use Permit , issued by the City of Fort Worth Transportation and Public Works Permit Center (817-392-6594) prior to any work in public right of way . Permit will not be issued without a traffic control plan sealed and signed by a registered professional engineer licensed to practice in the State of Texas . Failure to acquire the proper permit and permission may result in a fine of $500/day to the contractor perform ing the work . Payment by the contractor for all Street Use Permits shall be considered subsidiary to the contract cost and no additional compensation shall be made . 86. NON PAY ITEM -TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the ENGINEER for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the ENGINEER and they shall not include measures taken by the CONTRACTOR to control conditions created by his construct ion operations . The temporary measures shall include dikes, dams , berms , sediment basins , fiber mats, jute netting , temporary seeding , straw mulch , asphalt mulch , plastic liners , rubble liners, slope drains and other devices . All inlet protection measures shall be designed to allow for runoff to freely overflow into the inlet during a flood event. B. Further, erosion control measures placed in front of inlets, or in channels , drainageways or barrow ditches will be at the risk of the contractor. Contractor shall remain liable for any damage caused by the measures , including flooding damage which may occur due to blocked drainage . At the conclusion of any project, all channels , drainageways and barrow ditches in the work zone shall be dredged of any sediment generated by the project or deposited as a result of as a result of erosion control measures . Any such dredging must comply with all Federal , State and local regulations . C . CONSTRUCTION REQUIREMENTS: The ENGINEER has the authority to define erod ible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way , clearing and grubbing , the surface area of erodible-earth material exposed by excavation , borrow and to d irect the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams , other water course , lakes , ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes , dams , sediment basins , slope drains and use of temporary mulches , mats , seeding or other control devices or methods directed by the ENGINEER as necessary to control soil eros ion . Temporary pollution- control measures shall be used to prevent or correct eros ion that may develop during construction prior to installation of permanent pollution control features , but Rev 2-19-10 SP-44 are not associated with permanent control features on the project. The ENGINEER will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR 'S capability and progress in keeping the finish grading, mulching , seeding , and other such permanent pollution-control measures current in accordance with the accepted schedule . Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the ENGINEER. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams . 1. Frequent fordings of live streams will not be permitted ; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the ENGINEER, mechanized equipment shall not be operated in live streams. 2. When work areas or material sources are located in or adjacent to live streams , such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream . Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 3. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work . 4 . The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels , oils, bitumens , calcium chloride or other harmful materials . He shall conduct and schedule his operations so as to avoid or minimize siltation of streams , lakes and reservoirs and to avoid interference with movement of migratory fish . D. SUBMITTAL : Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum . He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials . No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the ENGINEER. F. MEASUREMENT AND PAYMENT: All work , materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work . Rev 2-19-10 SP-45 ,(' 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 i nsurance coverage for all of its employees employed on City of Fort Worth Department of Transportation and City of Fort Worth Project No. C291-539120- 209240014580. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR North Star Construction, Inc. By 111;1_1 q_ 11eJJ Name : CD \C','re.ei P\ ~ \:lt'Jro\·, c lo . Title : \J( ~(e, A:c;,aed Date : N t)\/ e m'cer 9, 7P t D -Before me , the undersigned authority , on this day personally appeared rn \c ro :e \ A. \-\ ei n'.\ \it~ , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of North Star Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this ct~~ day of f\.\al:t' mber, 20 I 0 e TRISH CASSADAY NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 10-06-11 Bond # 105500386 PERFORMANCE BOND THBSTATBOPTEXAS § KNOW ALL BY THESB PRESENTS: COUNTY OF TARRANT § Travelers Casualty and Surety That we (1) North Star Construct.Ion, lgc. as Principal herein, and (2) Company of America , .. , corporation. organmd under the laws of tho 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 Port Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein. in the sum of filUX EIGHT THOUSAND NINE HUNDRED FIFl'YDOLLARS AND ZERO CENTS,, lS68,950.00} Dollars tor the payment of which sum we bind ourselves, ow-heirs, executots. administrators. successors and asngns, jointly and soverally, firmly by these presents. WHEREAS, Pr:incipal has entered into a ccrwn contract with the ObJ.iaee dated the~ of September, 2010 a copy of which is attached hereto and made a part hereof; for the CODSt!Uction of lO HEMPRTU. PEDESTRIAN CROSSWALK NOW TIIEREPORB, the condition oftbis obligation is sud). if the said Principle shall mithfully pcrl'orm the work in accordance wi1h the plans, specifications, and contract documents and shall fully indemnify and bold . bannless the Obligee from all costs and damages which Ob.ligee may suffer by reason of Principal's default. and reimburse and repay Ob.ligee for all outlay and expense that Ob.lip may incur in making good such default, then this obligation shall be void; otherwise, to remain in full furce and effect · --:. . PROVIDED, HOWEVER. that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, u amended. and all liabilities on this hood shall be determined in accordance with the provisions of such statute, to the same extent as if it weie copied at leagth herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this .instrument ATTEST: SIGNED and SBALBD this ll of September. 2010. _(Surety) Secretary North Stat Constructfog. Inc. =~Q.~ Title: SL ~,S \ d 3110 .JOYCE DRIVE FORT WQRm, TEXAS 7§116 Travelers Casualty and Surety Company of America Surety 1301 E Collins Blvd., Suite 340, Richardson, TX 75081 (Address) NOTE: Date of Bond must not bo prior to date of Contract ~ /~ ---.. ---- (1) (2) (3) Correct Name of Contractor Correcf name of Surety ------'7'-.. :------- "', ...... : .. 701 Lamar, Wichita Falls, TX 76301 (Address) State of inCOIJ)OJ'ation ~f Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. i1iedale·oroorurw1rnor5epiioruflfatco-r · Contract. THE STATE OF TEXAS COUNTY OF TARRANT § § § Bond # 105500386 PAYMENT BOND KNOW ALL BY 11IBSB PRESENTS: That we,· (1) Nortla Star Coastruction. Inc.. as Principal herein. and (2) Travelers Casualty and Surety Company of America a corporation organi7.cd and existing under the Jaws ofthe State of (3) Connecticut as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporadon located in Tammt and Denton Counties, Texas, Obligce herein. in the amount of SIXTY EIGHT THOUSAND NINE HUNDRED FIF1'Y DOLLARS AND ZERO CENTS.,. Dollan {$68,950.00} for the payment whereof; the said Principal and Surety bind tbauselves and their hen, executors, administrators, successors and as.,igus, jointly and severally; tirmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the a_day of . September. ~ which con.tract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at lcmgtb. for tho following project lO BJMPRII.,. PED,MTRIAN CROSSWALK NOW, THEREFORE, Tim CONDIDON OF TIIlS OBLIGATION IS SUCH, that if the said Principal shall 1aitbfully make payment to each and evezy claimant {as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or matcriais in the prosecution of the work under the contract, then this obligation shall be void; othe:rwiso, to·~in in full force and effect. PROVIDED, HOWEVER. that this bond is executed pursuant to Chaptec 2253 of the Texas Government Code, as amended, and all JiaNlities on this bond shall be deteml.ined in accordance with the provisions of said statute, to tho same extent as if it were copied at length he.rein. IN WITNESS WHEREOF, the duly authorized represartatives of the Principal and the Surety have executed this instrument. SIGNED and SBALBD this~ day o( September, 2010. 3210 JOYCE DRIVE FORT WORTH, TEXAS 76116 Travelers Casualty and Surety Company of America SURETY . . -· ATIEST: By.--+--,:Af\,W..(;,C.._.:s.,,.l,jµ,a,.~:......._~ --~-=.. ~ .... ,-: · · (SEAL)::::-Address: ~-/ .. --.... ··,. ~-.:·-....... _--: .· b ·-----.:.; -~~~ . /l4k- .-:----------~----1301 E Collins Blyd ., Suite 340 Richardson, TX 75081 NOTE: Telephone Number: (214} 570-6632 (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. TIIB STATE OF TEXAS COUNTY OF TARRANT MAlNTHNANCB BOND § § Bond # 105500386 That North Star Construction, Inc. C-Contractor"), as prlnclpaf, and Travelers Casualty and Surety Company of America , a corporation organ~d 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 oi the State of Texas, ("City") rn Tarrant County, Texas, the sum of SIXTY EIGHT fflQUSAND NINE HUNDRED FIFTY DOLLARS AND ZERO CENTS... Dollars ($68,950.00), 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 .2§ of September, 2010, a copy of which Is hereto attached and made a part hereof, for the perfonnance of the following desaibed public improvements: 20 HEMPHILL PEDESTRIAN CROSSWALK the same being referred to herein and in said contract as the Work and being designated as project number(s) C291-539120-209240014580 and said contract, Including all of the specifications, conditions, addenda, crna.nge orders and written instruments referred to therein as Contract Documents being Incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Cor,tractor binds Itself to use such materials and fo so construct the work that it wiH 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-eontractor·-binds-ltself-to···maintain-·sald-·work·-in --good-·repair-and - condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or In part at any time within said period, If in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages In the premises as prescribed by said Contract. 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! counterpart(s), each of which shall be deemed an original, this 28 day of September, A.D.2010. North Star Constructfon, Inc. :-ffLil (lJ/,;_lj, .... , .......... _ ... .... .... ' .. - Name: m (cixJe r A . t\ci r:n\ ,·c ln Title: V 1·ee__ P,esldeo± ...... ,...__ ... · -~ .. : ·. ,,.... ~:. : -~ ·.·• · .,-l\,;iE· ST·:-~= -... ... ... n, • .._ ... ~_-;:. _··-.. (SEAL)_--~-_ "<::?:CJ;24muiAc.1;, Travelers Casualty and Surety Company of America Surety By:;~L--...(414J.4~:....+-,.11.J1.i.a::::~:;......~~ Name:._:::.;i:,:.:.::i..:::.:.:.=.:.~~~~~~~~ Tltle:-~::.:.:.:::.i:..:.:.:...:..=:.:_ ____ _ 1301 E comas 61vci 511ite 340 Richardson rx zsoa1 Address ·· ....... WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS J Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 221373 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. Q Q 3 3 6 2 7 3 2 KNOW ALL MEN BY THESE PRESENTS : That St. Pau l Fire and Marine Insurance Company , St. Paul Guardian Insurance Company and St. Paul Mercury In surance Company are corporati ons duly organized und er th e laws of the State of Minnesota, that Farming ton Casualty Company, Travelers Cas ual ty and Surety Company, and Travelers Cas ualt y and Surety Company o f America are corporations duly organized under the laws of the State of Connecticut , that Uni ted States Fidelity and Guaranty Company is a corpo ra tion duly organized under the laws of the State of Maryland, that Fidelity and Guaranty In surance Company is a corporation duly organized under the laws of th e State of Iow a, and that Fidelity and Guaranty Insurance Underwriters , In c., is a corpora ti on duly organized under the laws of the State of Wisconsin (herein collecti ve ly call ed th e "Companie s"), and that the Companies do hereby make , cons ti tute and appoint Steve Deal , Staci Gross , and Julie Smith of the City of Wichita Falls , State of Tex , their true and lawfu l Attomey(s)-in -Fact , each in their separate capac ity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditi onal undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guarantee in g the fide li ty of persons, g uaranteei ng the performance of contracts and exec utin g or guaranteeing bond s and und ertak in gs required or permitted in any actions or proceedings all owed by law. 30th IN WITNESS WHEREOF , the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, thi s----------- d f November 2009 ay o State of Connecticut City of Hartford ss. Farmington Casualty Company ·,. Fidelity and Guaranty Insurance Company · ' '··f idelity and Guaranty In surance Und erwriters, Inc. · · 81· Paul Fire and Marine Insurance Company - -S .: Paul Guardian Insurance Company 0 ~ By: St. Paul Mercury In surance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 30th November 2009 On this the day of , before me personally appeared George W. Thompson , who acknowledged him self to be the Senior Vice Pre sident of Farmington Casualty Company , Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwri ters, In c., St. Paul F ire and Marine In suran ce Company, St. Pau l Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty an d Surety Com pany, 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 forego in g in strument for th e purposes th erein contained by signing on behalf of the corporations by him self as a duly auth orized officer. In Witness Whereof, I hereunto set my hand and offic ial seal. My Commission exp ire s the 30th day of June , 20 11. 58440-4-09 Printed in U.S.A . '-Marie C. Tetreault , Notary Public WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING : THIS POWER OF ATTOR~EY IS INV~LID WITHOUT THE RED BORDER 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., St. Paul Fire and Marine Insurance Company, St. Paul Guardian In surance Company, St. Paul Mercury In surance Company, Travelers Casualty and Surety Company, Travelers Casual ty and Surety Company of America , and United States Fidelity and Guaranty Company, which resolution s are now in full force and effect , reading as follows: RESOLVED , th at 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 hi s 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 conditi onal 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 a ll or any part of th e forego in g authority to one or more officers or employees of this Company , provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED , that any bond, recogni zance, contract of indemnity, or writing ob li gatory in the nature of a bond , recognizance , or co ndition al undertaking shall be valid and binding upon the Company whe n (a) signed by the President , any Vice Chairman , any Executive Vice President , any Senior Vice President or any Vice Pre sident , any Second Vice President , the Treasurer, any Assistant Treasurer , th e 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 exec uted (u nd er seal , if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in hi s or her certificate or their certificates of au th ority or by one or more Company officers pursuant to a written delegation of a uth ori ty ; and it is FURTHER RESOLVED , that the sign ature 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 Pow er of Attorney or to any certificate relating thereto appointing Resident Vice Presid ents , Resident Assistant Secretaries or Attorneys-in-Fact for purposes o nl y of exec uting and attesting bonds and undertakings and other wr itings ob li gatory in the nature thereof, and any such Power of Attorney or certificate bearing s uch facsimile signat ure or facsimi le seal shall be va lid and binding upon the Company and any such power so executed and cert ified by such facsimi le s ignature and fac simile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to whic h it is attac hed. I , Kori M. Johanson, the undersigned ,Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company , Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine In surance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualt y and Surety Company of America , and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of th e Power of Att orney executed by said Companies, whic h is in full force and effect and has not been revoked. 0 ~ Kori M . Johan s ._ To verify th e auth e nti city of this Power of Attorney, call l-800-421-3880 or contact us at www.travelersbond.com . Please refer to the Attorney-In-Fact number, the a bove-named individuals and the detail s of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER llli STPAUL .. TRAVELERS ' ' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: St. Paul Travelers Bond 1301 E. Collins Blvd Richardson TX 75081 Phone: 800-842-0612 Fax: 214-570-6405 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 infomiation 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. THE STATE OF TEXAS CITY OF FORT WORTH, T EXAS CONTRACT KNOW ALL BY THESE PRESENTS COUNTY OFT ARRANT This agreement made and entered into this the 28 day of September A .D., 2010, 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 I l th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provi sion) 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, North Star Construction, Inc., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed a s follows: I. 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 con struction of certain improvements described as follows: 20 HEMPIIlLL PEDESTRIAN CROSSWALK 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of E ngineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth . 4 . The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Transportation of the City of Fort Worth and the City C e il ef th · rt Worth within a period of One Hundred & Eighty 080) days. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 $200 Per working day, not as a penalty but as liquidated damages , the Contractor and his Surety shall be liable to the Owner for such deficiency . 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 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 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 negligence or alleged negligence of Owner, its officers, servants or employees .. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as · · · Texas Government Code Section 2253, as amended , in the form included in t 9w~11\l;ira~ CITY SECRETARY FT. WORTH, TX and such bonds shall be for 100 percent (100%) of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth . 8. Said City agrees and binds itself to pay , and the said Contractor agrees to receive , for all of the aforesaid work, and for all additions thereto or deductions therefrom , the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a, shall be SIXTY EIGHT THOUSAND NINE HUNDRED FIFTY DOLLARS AND ZERO CENTS ... Dollars, ($68,950.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth , Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF , the City of Fort Worth has caused this instrument to be signed in 2 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 2 counterparts with its corporate seal attached . Done in Fort Worth , Texas, this the 28 day of September, A.D, 2010. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVAL RECOMMENDED: ~~ti DIRECTOR DEPARTMENT OF TRANSPORTATION/PUBLIC WORKS ATTEST: North Star Construction, Inc. 3210 JOYCE DRIVE FORT WORTH, TEXAS 76116 CONTRACTOR BY: 1&t1J !It /1~ fY\\C..V'\u.~\ '\. \-\e\.~\\C~ "J,.cc_ P,es,c\ettl TITLE <:x}\01Qi(CJ)"'.jlc)Y'!lJ:cl/a in ADDRESS November 1960 Revised May 1986 Revised September 1992 Revised March 2006 CITY OF FORT WORTH FERNANDO COSTA, ASST CITY MANAGER c ontract AuthorizatioR C\_\~\li) Da t e CITY SECRETARY (S EA L) LEGAL! tb v o~dL- ASST. CIT~ ATTORNEY OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Northstar Construction, Inc. 3210 Joyce Dr. Ft. Worth, TX 76116 City of Fort Worth Finance Department • Purchasing Division l 000 Throckmorton Street Fort Worth, Texas 76102 RECEIPT OF BID N -O o C::-' .:;::; ::.v -1 ~ O -< = ::co -< :,C,. -ri :::0 {.I) ("T] N ···--·-i-1C".l Q ;-c,rt ',J :,..J;:: TI ,.-:-., -{ r .;, ::.:::-;::-:CJ Company Name: __ -J-/_._/_,,_1"-""'tL"-M.:....J......40.......,__>l_v:.i..:ccA:<-=-----"'(_=-I "'-tt, .,,_,/\""""', ,.....,1 /_. _______ _,_;.,.,__., _fg~-fil_, __ ('0 :_: ::r .' d Individual Delivering:----'--="""""-=-------------------- Bid Title and Number: ___ U __ L :_;_1 J~J:....L~--=L_::J_/,=-=---' _____________ _ ./t < Employee Signature: ___ ...,..._-+---'-------------------- Time and Date Received:---------------------- White Copy -Customer Yellow Copy -Management ----- HEMPHILL STREET PEDESTRIAN 'CROSSWALK AND PAVEMENT MARKINGS ~ IMPROVEMENTS TPW-2009-000084 Thursday, May 20, 2010-1:30 p.m.